Legal Question in Family Law in California

Modification

Visiting Parent is not using all visitation and refuses totake the for the summer citing ship schedule.has modified to take early for only 5 days.I can seek modifiaction based on unused visitaion and now extra expenses to me for the summer and he recieved a pay raise for cost of living in Jan ,went over 18 years and now is 0-6 in Navy does that meet guidelines to change plus i cannot obtain a job due to my handicapp child is again having issues(CP w/seizures,retarded) the Drs are looking for the cause.I was imputed with $30000 in 2000 but never earned close to that in the 15 years of marriage and am not now even with an AAS degree-any advice would help i dont want to file and lose or break even as the last judge said I was too combative and would trade custody if she saw me in court again even though hes the one always filling not me.Shouled I try FCS instead?


Asked on 6/13/04, 2:07 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Modification

Generally speaking, if the change in the income of the parent paying support would result in an increase of at least 25% under the child support guidelines, a modification petition is in order.

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Answered on 6/15/04, 2:01 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Modification

Child support is supposed to be based on actual visitation not on the court ordered visitation.

If you have a handicapped child you may be able to obtain assistance from the county for respite care. That would allow you to get away for a little rest and recreation.

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Answered on 6/16/04, 2:33 am


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