Legal Question in Family Law in California

My husband has a court order to pay $358 for child support and $450 for child care. This was an order that was issued when their son attended a child care facility in Washington. In 2010 the mom and son moved to Florida. She has been collecting both child support and and child care money, is there a possibility that this could be modified? In the previous order she stated that my husband owes her father money that he paid to the child care and he also pays arrears for this. Last week she received court papers from my husband requesting a modification. She sent 11 messages telling him he is taking away from their child how he owes HER 20K (the child care monies that he pays arrears to). Is there a way to get some of the money that he has ben paying to be applied to that debt? Thank you for reading.


Asked on 2/06/12, 9:17 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

It sounds like the father let the child support get far behind in arrears. A negotiation is always possible with department of child support when the arrears get fairly large. A modification also sounds appropriate because there have been some changes in circumstances due to the moving and the need for child care may not exist anymore. The mother should not be harassing the father for seeking a lawful modification. Child support needs to be calculated fairly and child care is for child care, not additional support which goes to food, clothing and shelter for the child.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/22/12, 11:49 am


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