Legal Question in Family Law in California

joint custody support

My ex-wife has a joint custody with

me. She is not working because she

knows that if she works then she will

have to pay for child support. She is

staying on welfare, so that she

doesn't have to pay child support.

Plus she has a degree in medical

assistance. As a court order, I am the

primary parent for my two kids. What

should I do to make her pay for child

support without having to hire an

attorney? Please help!


Asked on 4/24/08, 4:16 pm

1 Answer from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: joint custody support

You can ask the court to impute income on her. You may need to hire a vocational expert to give evidence of her ability and opportunity to work, plus her earning capacity. It's not easy or cheap. Sometimes it backfires. So be careful. If kids are young and she stays home to watch them, then you might fine your suppor is lower having her at home rather than working. If she works, the support will include half of the daycare expenses.

Read more
Answered on 4/24/08, 7:01 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California