Legal Question in Family Law in California

I am a mother of 3. (remarried with a baby) My husband currently earns around $4000 per month after taxes. My other two children I share custody with my ex-husband 50/50. I am collecting Social Security Disability which amounts to about $1300 per month, I also have a part-time job that pays for my housing/utilites(non-taxable) and pays a very small salary ($120 per month). My ex- husband is unemployed and collects an additional $404 per month through MY social security for the children. Out of court through an attorney, he got me to agree to pay $250 per month in child support. I simply can't afford this anymore. Will they consider his unemployment when making support decisons? How much are we looking at him or I having to pay? Shouldn't there be no support from either of us because we share equal joint custody?


Asked on 4/28/10, 6:50 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

California follows what is known as guideline support. The court has authority to deviate from guideline support, but only in special situations which require special findings that I will not discuss here. Guideline support is calculated from a statutory formula. The percentage of custody sharing is only one part of the formula. The amount of income is also a factor, and a spouse that is unemployed can have their income potential imputed, rather than lopping a zero into the formula due to claimed unemployment.

You would have to file an OSC to modify child support, in your divorce action. Prior to filing the OSC, you would need to use a dissomaster program to calculate the correct amount of child support. New spouse income is also a factor, so your new husband's income is relevant.

You should have spoken to an attorney prior to entering into the arrangement with his attorney. I realize that it may have seemed costly then, but I think it has been more costly for you now. I strongly urge you to speak to a competent family law attorney, and not attempt to go it alone, or assume that his attorney has your best interest in mind.

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Answered on 5/03/10, 10:08 am


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