Legal Question in Family Law in California
My husband has 2 daughters from a previous relationship and currently has a support order in place. We had gone to mediation in 2009 and the mediator told my husband that his child support would be zeroed out because our daughter was born with Down Syndrome. He is currently ordered to pay half of the daycare cost for one child. Today he received a call from his new case worker who told him that child support doesn�t zero out of a new child (living in his home full time) has a disability and she told him that he is going to have to start paying 850 in support. Is this true?
3 Answers from Attorneys
I cannot tell you if the support figure is true, because that requires running the support calculation software with all the required data. I can tell you that having a new child does not zero the support owed, whether or not that child is handicapped. I have a son with Cerebral Palsy, and he did not zero out my support for my son with my ex.
You would have to have an attorney review your calculations and discuss some things with you. There may be credits or considerations that the new case worker is unaware of that may affect the calculation. For further information, visit http://www.ellifritzlaw.com
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