Legal Question in Family Law in California
My husband has been divorced for 12 yrs. he has a 15 yr old from the relationship. My husband pays child support (never missed a pmt) in addition he's on our med ins, our cell phone acct. we also pay for the private school that she demands he go
To.The ex hasnt work for 14 yrs and refuses to get a job. We are asked weekly for $300 here, $1500 there. She also has another child (8yrs) from another relationship. She is unable to financially support our son, and we can't afford all of the activities she wants our son to participate in. I tried to appeal to her last week to prioritize, within reason and said we would pay half. It we can't foot the entire bill. She screamed and said she can't work because she's getting aide?! Then hung up the phone! What are our rights? This is getting out of hand and I feel
She is taking advantage of my husband because he's a decent guy. She told my husband I need to get a job so he can afford more for his son. What rights does she have towards my wages???
4 Answers from Attorneys
Your husband needs to consult with an attorney to review the current orders and review the facts so that specific legal advice may be obtained. Your wages are not considered when determining your husband's responsibility to support his child.
Mr. White is correct. Your husband is entitled to an order that she find work or that support and payment for activities be calculated based on what she COULD be making (called imputed income). He needs to hire an attorney and file for court review of the current support orders.
You need to look at the order and see if there is anything about parties being required to mutually agree to the child's activities. If not, you may want to include this request if you go back to court.
It certainly sounds as if she is taking advantage of everyone, including us taxpayers. I don't know why she can't work.
I am not clear as to what your husband is court ordered to pay, but that is all he is required to do. She is also required to report it if she is receiving aid. Mr. McCormick is correct, you are not obligated to contribute to supporting her child (she is) under the circumstances you describe. For further information, visit http://www.ellifritzlaw.com
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