Legal Question in Family Law in California

mother takes child and now father has to pay

My husband had a child at 16. He joined the CCC and while gone the mother took child. Father has not seen child since 92 and has no clue where the mother or child is. Mother went on welfare in 93 and now the state is coming after my husband for payment. The mother makes 2x more then him and it is just her and the child. My husband and I have been married since 00 and have 3 children. He makes 2056 a month and has to pay 300. Does he have to pay and if so what are his rights? How can we go about enforcing those rights when we are low income and can not afford a lawyer? Can we do something so the mother has to pay instead. It isn't about the money really. It is that he has had no contact with child in over 13 years due to mother hiding child. He came into contact with friends of mother and asked where they were or for phone number, but she said she promised the mother she wouldn't tell him. Please help!!!!! If we have to pay 300 we are going to end up on state assistance or homeless.....


Asked on 4/11/06, 10:43 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: mother takes child and now father has to pay

Your husband abandoned his child and now it has caught up to him. When he left for the CCC and did not support the child or maintain contact for a year the mother was free to raise the child alone. That doesn't mean she does not have the right to ask him to pay his fair share. Even if she doesn't need the money right now she can save it for the child's college fund. The child support formula is set up so that all of your husband's children get a fair share of his income. The children you have with him are your responsibility as well. If you both are making your very best effort and you still think that you are going to become homeless if you have to pay the amount of support that the County wants then you should ask to appear befor the judge and ask for it to be lowered. There is a limit to what the judge can do but it may help. If some of it is arrears that may be deferred until the child support ends. the judge may also determine that your husband does not have to provide insurance if the cost is going to add to the hardship. This situation has come up in my practice and the father welcomed the "new" child into his family. Hopefully, your children are not thinking that they are nothing but a burden to you and your husband.

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Answered on 4/12/06, 1:41 pm


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