Legal Question in Family Law in California

Can a father get child support?

I am married to a father of two and have three children of my own. His ex only has the children every other weekend, one week at xmas and 2 weeks in the summer. On paper they have 50/50 custody (which they shared for approx a year after divorcing), however now we have them all except the above mentioned days. We pay for all things related to school and school activities and extracuricular activities (she pays for nothing). It has been this way for 4 years now. We are in the process of having the custody changed to at least 90 / 10, specifically so we can claim both children on our taxes (she refuses to sign the tax documents so we can claim the other child, even though neither of them live with her). When they divorced, they each took one child for tax purposes, even though the children resided with the father. My question is: the father makes approximately 5500.00 gross a month and the mother makes approx. 2500.00 gross per month. With the info provided for you, would the father be entitled to child support or is the salary difference to much? the children are 12 and 10.


Asked on 5/31/06, 12:29 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Can a father get child support?

Father can get child support and may be entitled to it under the facts that you have given. Probably the amount would bee $100 to $200 per month. More information is needed to make an accurate calculation. Talk to a family law attorney in your county to determine whether it is worthwhile to bring a motion. Good Luck, Pat McCrary

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Answered on 5/31/06, 10:45 am


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