Legal Question in Family Law in California
Modification
My ex and I currently have 50/50 joint custody of my daughter. Due to a higher income,I do not receive child support, that was over a year ago. I have since left that job/salary and My daughter is not doing very well in school, possibly due to the schedule. He has her: Mon.Tues.(after school) and picks her up Friday (after school) every other weekend. He does drop her off to me every morning at 6 am, during school days. I wanted to know if I can modify the court order to have her with me during the school year and she can spend time with him every weekend and rotating holidays. Is this sufficient enough to request a modification?
1 Answer from Attorneys
Re: Modification
There may be grounds for modification, however, the court is going probably going to impute to you the income of the job that you left based upon a ability to earn. What the judge does with the timeshare is an open question. Good Luck, Pat McCrary