Legal Question in Family Law in California

Final Judgement with 1/2 ChildCare?

Please call you give me assistance.. When a final judgement states the child support amount is $467.00 per month and 1/2 of child care which are currently $350.00 per month. Both parents must work to minimize cost and reciepts must be provided to husband in a timely fashion. The district Attoreny's Office of Orange county has totaled my Child Support Amount to $817.00. But, the child care cost has been reduced since my final judgement and actual receipts have been presented for the cost of my children's care. Actual their cost is $152.50 for after school for my daughter (1/2= $76.25) and my son has been state funded since Sept. 2000 ( FREE ). I have always paid ALL my child support and visit with my children on my schedule time I have 20% custody. I live in San Diego and have researched that San Diego County only enforces the court order child support not the child care... Especially since my ex-wife always has them in free programs unless we are ready to go to Court.

Please help!!

M


Asked on 6/08/01, 3:21 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Final Judgement with 1/2 ChildCare?

You will need to modify the judgment to set the ongoing amount of child care. At the same time ask for an accounting of the child care costs. You should have built up a credit against future child support because you have overpaid the child care. You may be able to do this through the facilitators office or possibly the DA of Orange County will file the motion. I practice in San Diego County and the DA will often file the motion when they know that the current amount is incorrect. My fees would be $1,500 to file the motion in Orange County. You may find someone cheaper closer to the courthouse. Good Luck, Pat McCrary

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Answered on 6/28/01, 7:47 pm


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