Legal Question in Family Law in California

Joint Legal and Joint Physical Custody

My husband shares joint legal and physical custody of thier 13 year old son. Recently she threatened to take us to court for child support. We take the son more than 50% of the time and pay for 90-95% of all items for him (health insurance, braces, clothes, sports, etc). We also take care of and provide items for his ex's 10 year old son on a limited basis. Thier divirce decree and child custody agreement waived child support. How can she ask us to pay her, when we pay for more than 50% now? We would take full custody, but that would disrupt our son's life terribly. Please reply. Thank you.


Asked on 8/23/01, 4:22 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Joint Legal and Joint Physical Custody

In California child support is based on a computer program. This program uses the gross income of each parent, the amount of time the child is with each parent, and the actual amount of tax withheld from each parents wages. There are some other items which are included, but are beyond the scope of this response.

You should keep receipts for every expense you pay for the child. Also keep receipts for the items purchased for the his half sibling.

You can obtain a good prediction of her chances of obtaining child support by inserting the necessary information into the dissomaster program. You will then be is a better position to respond to her threats.

Read more
Answered on 8/29/01, 2:17 pm


Related Questions & Answers

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