Legal Question in Family Law in California

Lost my job almost a year ago. I knew I was losing my job so I

Modified my child support, custody and visitation prior to my termination. I went from every 1st, 3rd, and 5th weekend to every Tuesday and Wednesday plus alternating Saturday Sunday and Mondays. My custody and visitation is now at 50/50. I also lowered my support from 600 to 300 per month. My question is: now that everything is 50/50(visitation and custody) can I modify my child support to 0? All other expenses are split(tuition,medical bills, anything school related). No parent is doing more than the other and no parent is spending more time than the other. So do I have a chance to paying nothing for child support if I take my ex back to court?


Asked on 2/22/11, 10:36 am

2 Answers from Attorneys

David Pisarra Pisarra & Grist - MensFamilyLaw.com

The answer to your questions is in the income and expense statements. Now it is a matter of incomes, and whoever makes more will have to pay child support to the other parent to equalize the support.

If you make more, she'll receive, but if she makes more, you'll receive.

In my book, A Man's Guide To Child Custody, I address child support issues and child custody issues. It is available on Barnes and Noble.com, and my website, www.MensFamilyLaw.com as an E-Book download.

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Answered on 2/23/11, 5:20 am
Tina Chen Law Office of Tina Chen

You can go to www.childsup.ca.gov/calculator/ and input your income and your ex's income to see if either of you would pay support to the other. Just because you have 50/50 custody doesn't mean that you don't have to pay support. Good Luck.

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Answered on 2/23/11, 6:55 pm


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