Legal Question in Family Law in California

Yes the father can request child support. You should contact an attorney prior to making this request however. If there is a joint custody situation or a situation where the mom has a percentage of time with the child, even if the father has primary custody, the father could still end up paying child support if he earns more. If you have sole custody, the child support can offset any alimony to be paid, however there would not be an effect on the pension.

Another very important reason to hire an attorney is that the father will need to ask the court to order the mother to find work, or to be imputed the income she could have received if she worked. That is one of the more technical areas of Family Law, and not one that should be dealt with by a lay person representing themselves. Otherwise, as Ms. Van Haren says, the father could wind up paying child support to the mother instead of the other way around.

I would concur, although I would also point out that there is recent and new case law enacted in which the courts have said when income may be imputed to another person. For that reason alone, you should consider hiring an attorney.

Michael Schneider, Esq.

www.FamilyLawCalifornia.com