Legal Question in Family Law in California
I live in California. I am the custodial parent of a 13 year old. The NCF has no visitation and never has. He has recently requested a modification of child support. If there is zero visitation, does my income count in determining child support amount?
3 Answers from Attorneys
As long as there is zero visitation, your income should drop out of the formula. For court purposes, however, you still need to file your I&E statement, because a) the court expects it and b) you never know when a judge may decide to order some kind of reconcilliation sua sponte (on their own initiative).
You should file a companion matter to terminate his parental rights (if he has been out of the child's life over two years). Contact me directlyl
Your income will change the formula. As the total amount of income for both parents increases there is a slight percentage decrease in the amount that the formula computes should be spend by both parents for the support of the child. That is why the court will need your income information. Good Luck, Pat McCrary