Legal Question in Family Law in California

I'm in the military, got stationed overseas and now receive more money, because of the higher cost of living out here. My ex wife who is former military has the majority of the physical custody of our 12 yr old daughter. Although we just recently got a new court order to change our custody & visitation, I was ordered to pay $1700 in support. The judge was well aware that my ex chose to leave to Navy (after 10 yrs of service), remarry another military member and start a new family 3 yrs ago. The fact that she is supported by her new husband, her spouses income (I was told) has no bearing on this case.

I did argue the fact that she is voluntarily unemployed, so minimum wage was imputed against her, but it didn't make a difference my support increased anyways. We have another hearing already set for this summer since I will be returning back to CA but was told by the judge that my support would only decrease by $500 at the most...Is there a California case law to help me with my case? I feel that $1700 a month is an outrageous amount to pay for just 1 child.


Asked on 4/11/12, 6:34 pm

2 Answers from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I thank you for your service. Unfortunately, child support is based on visitation percentages, which is very rough on military personnel who are sent overseas often. You may do well to seek a consultation with an attorney to run the numbers and make sure nothing is missing. For further information, visit http://www.ellifritzlaw.com

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Answered on 4/12/12, 12:36 am
PATRICK MCCRARY PATRICK MCCRARY

As Ms. Ellifritz stated the child support is done by formula and relies heavily upon the percentage of timeshare. There is some caselaw the may be helpful to you that the actual percentage can be adjusted by the court. Also, there is some law that allows the court to impute one half of her husband's income to her. Another alternative is to obtain a vocational evaluation that would determine her ability to earn a living, rather than to use minimum wage. You will probably need an attorney to obtain the best strategy. If you can e-mail or fax me a copy of the pleadings that have been filed I will give you a free e-mail consult or when you return a consult in the office.

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Answered on 4/12/12, 7:13 am


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