Legal Question in Family Law in California
A friend left her husband because of his drug use among other things. Her husband works for his mother as a handyman for buildings his mother owns and does not pay taxes. He does not claim any income and has not paid her any child support. Their 15 year old son witnessed the husband doing drugs with a large bag of pot on the counter the other day. They also have a 5 year old daughter. Now that one of her children has seen him actively doing drugs can she take him to court for child support?
3 Answers from Attorneys
She can always file a claim with the Department of Child Support Services for help with retrieving support from him. If money is an issue, that would be her best bet. Beyond that, it may prove to be fruitless in the end to hire an attorney, until he receives an inheritance from his mother (or something like that).
What I don't see mentioned in this question, and what I am concerned about, is these children are around someone willing to do drugs in front of them. If she wants to keep the kids away from him, granting only supervised visitation, she probably stands a good chance of that. Even if the marijuana is for "medicinal" purposes, it has to be treated as medicine (out of reach or access) and can't be smoked around the children.
Drugs have NOTHING to do with support. She doesn't have to prove anything about drugs to be entitled to support.
Mr. McCormick is correct, his drug use would not help her to get support if she isn't getting it now. I failed to make that point - I think because I was thrown off by the idea that someone would be more concerned with money than the safety of their kids. I was addressing the question with the idea that if she had increased custody time, however, she would likely be entitled to more support. The problem is getting blood out of a turnip. DCSS can do all sorts of nasty things to him if he refuses to pay a court order that we in private practice can't.