Legal Question in Family Law in California
if live in boyfriend/girlfriend income is not counted as income for child support modifications, why is it requested?
I'm paying child support and my ex has not included her boyfriend which i know she lives with. (how can i prove that? and would it benefit me to try and prove it).
also, my girlfriend lives with me and her income is pretty high in comparison to my ex, would my gf's income count as mine and therefore raise my child support obligation?
also, how can i go about requesting more time with my daughter? is this through child support services? do i need a lawyer?
1 Answer from Attorneys
It is requested for two reasons. The main reason is that the income and expense form is used for all kinds of support calculations, not just ones for child support between single parents. Co-habitant income is very relevant to spousal support, for example. The secondary reason is that in the event it can be shown that an unmarried co-habitant is providing a lavish lifestyle and permitting the parent not to have income - in some cases a deviation from support guidelines is allowed. If all you are dealing with is incomes that don't make anyone a 1%-er, and only child support, there is not much point in chasing down either person's "roommate" income. As for requesting more time, child support services will not help with that. They will establish paternity and initial custody orders, but not modifications to custody. You have to talk to the Family Law Facilitator about that.