Legal Question in Family Law in California
I have full legal and physical custody of my two children along with a domestic violence restraining order and criminal protective order against my ex. Visitation is 50/50. He works mostly under the table and collects unemployment. I have a steady job making $85K a year. He is seeking child support even though I pay $1000/mo in child care and all of the childrens expenses. Is it possible I may owe because I have a steady job with a significantly higher income and he does not because he chooses not to work?
1 Answer from Attorneys
Yes, it is possible. Child support is calculated on a rigid formula based on taxable income. Significant showings are needed to give the judge grounds for deviation that won't be overturned on appeal. If your ex is under-reporting income and you can prove it, most judges will hand him his head on a stick. If he is not working by choice or is underemployed by choice, you can also get an order for a vocational examination by a vocational expert. If the expert agrees, the court can order him to find work at his income potential, and if he doesn't show real effort, the judge will revise support to the potential instead of actual income. All that is quite a process, though, and will cost money.
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