Legal Question in Family Law in California

father's right's

I have been a stay at home father for the past nine(9) years but during that I obtained a B.A. degree. My wife filed for divorce six months after I left her. I am receiving child support and the judge has admonished me twice about ''Gavron'' and also lowered the child support. I have been instructed to seek employment and place the children(4) ages 9,6,3,3 in childcare. My question is at what point does the judge stop child support completely if I do not obtain employment. The judge placed a wage assingment of (ten) dollars an hour as to what I should be able to earn and this is why child support was lowered again. THANK YOU!!!


Asked on 3/20/03, 4:53 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: father's right's

The court can base child support on your ability to earn, rather than your actual income. You should either start looking for employment. or be prepared to show that leaving the children in day care would be detrimental to them. It is unlikely that you will be able to demonstrate detrement to the children.

You should request an order that mom pay 2/3 or 3/4 of the day care costs, while you are looking for employment. After you obtain employment the matter of child support and sharing of day care costs can be redetermined. The day care costs must relate directly to your efforts to find work.

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Answered on 3/21/03, 1:28 am


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