Legal Question in Family Law in California

Increase In Child Support

Unemployed for 6 mnths. receiving 359. mth for 2 children. Now collecting welfare/foodstamps. Father makes gross 75K. I requested increase in suupport till I find work. He is now requesting more custody. Says I should have job making what I was 65K and paynents should be based ont that, does he have leg to stand on? Please advise. Oh, kids want to stay the way it is (Mom 60, Dad 40).


Asked on 1/26/01, 4:31 am

2 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: Increase In Child Support

In order to impute income to you, he would have to show that 1. you have a skill, 2. there is a market for that skill and 3. you are willfully refusing to market your skill (even if acting in good faith).

The economy is still rather strong, so there is a genuine question as to why someone who was making $65000/year cannot find any work whatsoever, even if only $30000.

As for expanding his time with the children, that may or may not be in their best interests.

If you are on welfare, the DA in your county will be going after him for support.

Obviously, I know very little about your case. If the DA is involved, they will deal with the $ issues, but not visitation. You may need to retain counsel.

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Answered on 3/09/01, 11:11 am
Edward Lindley Edward Lindley, Attorney at Law

Re: Increase In Child Support

Yes. How you became unemployed may be the key. it sounds as though it may have been due to actions or decisions on your part, given his argument. Matt is right, however, given that you are receiving county suppirt, they will look into the situation, but don't hold you breath. Contact them re the matter to see if they have reviewed the matter, and if not, ask that they do.

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Answered on 3/15/01, 6:24 pm


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