Legal Question in Family Law in California
I live in California, and I was layed off shortly after I went to court with my ex wife for child support. This all occured around september of 2011. We (ex wife and I), have joint custody with equal phisical and legal control. When I was layed off my current wife accepted a job in Redding, Ca. while my ex-wife and child live in Sacramento,ca. Our case was last heard and is still in El Dorado County,Ca. This is because we all lived in El Dorado county until my lay off, then I moved to Redding, and my ex wife moved to Sacramento. My ex wife and my daughter was with my ex wife in Sacramento for the remaining of the school year. Summer is here, my daughter is with her mom for the month of June, and with me for the month of July; school starts in August. Our daughter wants to move up with me in Redding, and attend school up here. My ex wife says that she wants her in Sacramento, and I have no say in the matter. She also wants her to attend private school that neither of us can afford. I (since my lay off) have not paid child support, however, my family (mother,father,brother, sister,niece) live in Sacramento, and have been giving monies whenerver asked for, plus free child care without question. Like I mentioned earlier, my ex wife is denying our daughter come up here for the school year, and is now looking for child support plus arrears. I do not want to be in any legal trouble for any reason, let alone this one. What are my options for child support and what are my options for my daughter coming up to live with me, since that is what she wants. I have the better living arrangement with my family in readding than her mother is willing to provide.
Thank you to anyone who can help me.
2 Answer from Attorneys
As soon as you file a motion to recalculate child support, the court is empowered to reduce support back to the date of that filing. When you file ths motion, you should also file a motion to address school and custody.