Legal Question in Family Law in California
My ex-husband and I have 50/50 legal/physical custody of our 11 year old son. My son lives with me and my husband full-time and his father sees our son maybe once a month. He does not pay one dime for anything for our son. We pay for everything - health insurance, medications (my son has ADHD and needs doc visits and medication monthly), dental and every other expense related to our son. The last time I brought up financial contribution to my ex, he stated that he has a college fund for our son (haha) and that if he gave me any money for our son, he would need a detailed accounting of where every penny went. Anyways, my question is this - my husband is getting out of the Marine Corps and December and we want to move home to Texas. Is there any legal ramifications to just moving or do I need a court order in order to move my son? Also, everyone around me says that I should not even allow my ex to see our son since he does not pay anything for him, but I feel like this would be punishing my son therefore I allow my ex to see our son anytime he wants, it is just not that often. If you have 50/50 custody are there any grounds on financial contribution? Thank you so much for your time!
2 Answers from Attorneys
You say you have 50/50 custody but the father hardly ever sees your son. Do you have an order for the boy to spend half his time with his father, but that just doesn't happen, or what? Without knowing what the actual custody order is, it isn't possible to answer the rest of your questions.
Child support is based upon the amount of time the child actually spends with each parent and the earnigs of each parent (or the amount that the parent has the ability to earn). It is possible for a parent to have the majority of the time with one parent and that parent would pay child support. So do not take the advice of your friends. Talk to a family law attorney to obtain a child support calculation and an explanation of your rights and responsibilities. Good Luck, Pat McCrary
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