Legal Question in Family Law in California
going up against a lawyer
Hello, I will be going to court against the NCP's lawyer about a child support modification matter. I am trying to get him to help pay half of daycare costs. I currently have no job, I have been a full-time student and will be graduating in May of this year. I am afraid that the lawyer will tell the court that since it's highly unlikely that I will have a job soon, then I will not be needing daycare for our son. I am planning to get a job right after graduating, however obviously I am unable to predict when I will get one. By the way, the NCP moved and he is two hours away so he is unable to help pick him up. What do I tell the court/lawyer so as to get the NCP to help pay the costs still? Thank you very much for your time and help, I truly appreciate it.
3 Answers from Attorneys
Re: going up against a lawyer
Dear Inquirer:
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If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Tell the court what you just told us.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: going up against a lawyer
The NCP is required to pay one half of the daycare costs incurred for education or employment. Most daycare facilities will not take a child part-time. So you must pay for full time daycare to allow you to search for work. If you child has been in the same daycare for a lengthy period of time and will continue to attend the same daycare, you can also tell the court that it will be detrimental to remove the child from this daycare and risk losing the child's place at the facility.
You mentioned the issue of picking up the child. The location of the daycare and the convience for the child would also be a consideration for the court to cinsider.
A lack of adequate daycare will also interfere with your search for employment. The faster you go to work the faster the NCP can request a reduction in child support.
Re: going up against a lawyer
You appear to be in San Diego County and the courts here may or may not order child care for purposes of your education unless it is to further your current employment, which apparently you do not have. If you are up against and attorney, he is going to know better than you how to present his case to the judge and you will be at great dis-advantage. Consider getting a consultation with an attorney who can review your situation more completely and give you better advice based upon that complete information. Good Luck, Pat McCrary