Legal Question in Family Law in California

Can husband's military service be used against him when it comes to time-share?

My husband's ex is filing a modification for CS. She states in the papers that he basically has no contact with his son and has not recieved child support because San Diego has been holding it. Reason being, is she told them almost 4yrs ago that my husband never paid support. We gathered all the paperwork to prove she was committing welfare fraud, when she wasn't on aid, the two came to an agreement for a set amount of CS which was written by the family law facilitaor, was notorized, and the judge changed the wage assignment.At the final hearing they changed it back to the amount of aid she was receiving. There's alot of other events that go along with this but, we can establish a pattern of her lying to the court. We finally had his son for winter break, and hope to have him for spring break. Husband is the only one working at this time, I'm in therapy for a back injury,we have 2 children together, and I have 2 from a pervious marriage. We pay all travel expenses. Will the court consider all of this? If the CS goes very much higher we won't be able to afford to see his son. She just screwed her other child's father on CS and he's a Marine also. Are the courts reasonable when it comes to these things? Is there any hope?


Asked on 2/22/05, 8:53 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Can husband's military service be used against him when it comes to time-sha

Yes, the court will consider eveything that you have stated, however, you must be able to put the facts in front of the court properly. I strongly suggest that you hire an attorney. You may feel that you cannot afford an attorney, however, you probably cannot afford not to have an attorney. Also, you should probably get a court order with respect to the visitation to make sure that you can see the child. Good Luck, Pat McCrary

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Answered on 2/22/05, 12:01 pm


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