Legal Question in Family Law in California
full time student/career change
If I have 50/50 custody do I need to pay child support if I have no income due to being a full time student?
1 Answer from Attorneys
Re: full time student/career change
The judge can set support based upon your ability to earn, regardless of whether you are a student. The law considers your first responsibility is to support the child. Your decision to change careers, while noble, does not affect your child support obligation. Also, it depends on what you mean by 50/50 custody. Under the mandatory child support guidelines of California 50/50 means that the child is with you 50% of the time, not that you have joint custody. If your ability to earn is greater than the other parents ability or actual earnings then you will pay child support with a 50% timeshare. If the other parents ability to earn or actual earnings are greater than your ability to earn then the other parent will pay you child support. If all of this does not make the situation clear then you should get a consultation with an attorney who handles child support. Good Luck, Pat McCrary