Legal Question in Family Law in California
I am living with my boyfriend and we have a son together. My boyfriend had an affair with a woman and fathered a child as a cause to this. We had no idea this child actually existed until child support served him with docs. In 2009, my boyfriend went to court and he agreed to pay the custodial parent child support in the amount of $250 per month. The custodial parent agreed to this amount with my boyfriend and told him he is not allowed to see the little girl. The County wanted more money from him but he's been working a job that pays $11.50 an hour and his work hours vary to either 32-40 hours a week. In this economy, he is lucky that he has been employed consistently at the same job for 2 years. My boyfriend is not in arrears and is current with his support payments.
The custodial parent wanted my boyfriend to have nothing to do with his biological daughter since he never met her. The custodial parent is now married to a man who has raised this little girl since she was a baby. In June of 2010, the custodial parent and my boyfriend went to mediation to come up with a custody/visitation agreement since one was never made back when a Judgment was entered in 2009. After hearing both sides, the mediator recommended that no custody or visitation be granted to my boyfriend and that the step-father would agree to adopt the child since it is in the child's best interest. The custodial parent has been extremely difficult to deal with and has harassed me, my boyfriend and even had the nerve to harass my little sister at her job! Trying to even make any effort to be in this child's life would cause more problems between our family.
In July 2010, the Judge accepted the mediator's recommendation and made it an Order that no custody or visitation be granted to the non-custodial parent and for the step-father to legally adopt the child in this case. The Judge informed both the non-custodial parent and the custodial parent that she could not terminate the biological's parental rights at that hearing.
Since the last court hearing, the custodial parent has dragged the adoption process and has given my boyfriend the run-around when it comes to getting any status on where she's at with the adoption. She's even asked for money from my boyfriend to help pay for the adoption since she claims step-parent adoption is expensive.
In May 2011, the custodial parent filed a Petition at a local courthouse to change the legal name of the child to her step-father's last name. My boyfriend agreed to the name change and filed a Declaration agreeing to the name change. The Court granted the Petition on 11/30/2011 and the child's legal name was changed. To this day, we wonder why would she name her daughter after my boyfriend if he never had anything to do with her pregnancy or the child?
My boyfriend has now received a Motion re: modification for child support. The County is requesting more child support in the amount of $400 per month. Apparently, the custodial parent is not working and receiving cash aid and welfare. She stated that her husband left the home in March 2011 which is not true! We have proof that the custodial parent and her husband were just evicted in December 2011 from their last known address. An unlawful detainer civil matter was filed against them at a local courthouse. Also, the custodial parent failed to state to welfare that she has a son with her husband. She most likely did this to avoid the system from filing a child support case against her husband.
What are your recommendations? My boyfriend's checks are so ridiculous, after taxes, child support and a garnishment for a student loan, they average out to $450 - $575 every 2 weeks. He cannot afford to pay a higher child support amount just because the custodial parent chooses to be on welfare. Also, does my income need to be disclosed and will my income affect my boyfriend's child support amount since we are not married? Financially, I have a much higher income than my boyfriend.
Thanks for taking the time to read this and appreciate any responses that can assist us.
2 Answers from Attorneys
I don't know why your boyfriend would agree to a name change and not force the issue of the adoption. Where is her incentive now? Now, she is not likely to share time with him, and he pays an extraordinary amount of child support based on 0% visitation. If he doesn't obtain an attorney and get this somehow fixed, this is what it will be like for years. For more information, visit www.ellifritzlaw.com
1. You should have a local experienced family law attorney help you with this.
2. Your income does not effect your boyfriend's responsibility to pay child support.
3. Your bf should seek visitation with the child, if that is what he truly wishes.
4. Good luck!
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