Legal Question in Family Law in California

If my husband has 49/51 custody of his child can he remove child support? As well as return to 50/50 custody. My husband had a baby sitter while he was at work but when the mother found out she went to court to enforce the first right of refusal and volunteered to baby sit. But now she harasses my husband when he gets overtime, has the grandma watch the baby, and threatens him he can't pick up the child when he gets off of work late. Can he remove child support and go back to having a baby sitter?


Asked on 2/20/15, 8:18 am

1 Answer from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

This is judge discretionary decision. The "right of first refusal" time can cut either way and can be found to still be "his" custodial time despite him not being in actual physical custody which keeps support the same. On the other hand, the court might find the mother has more custody which ought to result in him paying more custody, not less. Whether you can modify custody from 49/51 to 50/50 would require some type of change in circumstances and is possible, though represents a small amount of child support modification since we are talking about 2%.

I don't think I would go to court on these facts if I was you, he could end up having to pay more and it seems unlikely he can get a reduction. Hope this is helpful

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Answered on 2/20/15, 12:05 pm


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