Legal Question in Family Law in California
I have a hearing on January for a review for child support. I am the Custodial receiving child support and my question is since I have been unemployed since June 2011 and was asked to look for a job what if I don't have a job just yet or can't find a job. I will also be 6 months pregnant at the time of the hearing. Also, my sons dad who lives out of state cancelled his visitation rights so I will have full custody of our son. Does that mean the amount of the child support will increase?
3 Answers from Attorneys
As long as your looked for a job in good-faith, you are ok. Note: the way the Guideline formula works, if the father has zero visitation, your income is basically irrelevant. It's all based on the father's income, and whether or not child support will increase will depend on if his income has gone up or down since the last order. If his income has gone up, child support should increase, and vice versa.
Mr. Walley is correct. You will just need to make sure that if you don't have a job, that you can show documentation of your job search.
BARRY BESSER
www.besserlaw.com
Neither prior attorney read your question correctly. You said your ex had visitation and now that will be reduced to zero. Unless he has lost income to balance out the lost time, you will get an increase in support.
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