Legal Question in Family Law in California

If I have been keeping my kids extra than the court ordered 70/30 arrangement in order to offset some back pay, will I get credit for that? I owe back pay of almost $10,000 and have been keeping my kids an additional night weekly to offset that. I now worry that if she wants she can still go after me for the 10k and the judge wouldn't give me credit towards the additional custody... How does that work?


Asked on 8/13/12, 3:10 pm

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

Unfortunately, the court only looks at the actual payments you have made when it considers the back child support owed. You do not get credit for extra days of custody. If you are seeing the children more than the current order, then you should ask the court to change the custody and support orders to reflect the current arrangement. Then you FUTURE payments will reflect your increased custody time.

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Answered on 8/13/12, 4:00 pm


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