Legal Question in Family Law in California
Right to move
i moved from Southern California to Northern California about a year and a half ago because I got remarried and my current husband lives up here. My x-husband is making me pay all travel costs every six weeks for my 2 children to go and see him...if he has them for a week or more he holds back child support for the time they are there....hes never once came up here to visit the girls...i need to know what my rights are and if I have a legal standing to fight this and how? This is killing me financially and sometimes the airfair costs are over 1/2 of the child support payments...ive tried reasoning with him but to no avail. Thank you
1 Answer from Attorneys
Re: Right to move
I don't know that the issue is "right to move". You've moved and I assume he has consented to the move. If he has not, he should file a motion opposing the relocation. Depending on the timeshare of your last order and the actual timeshare, you probably have the "right" to move, per In re Marriage of Burgess.
Assuming that that is not the real issue, and money is, you could file a motion in the court where you last received an order (probably the only court you've been involved with in this matter). The motion should seek to 1. modify child support, 2. set judgment on arrears, 3. allocate transportation costs and 4. seek attorney fees and wage assignment.
He cannot deduct for the time the children are with him, unless this is a very old support order that has never been modified or otherwise gives him the right to so deduct. Current child support orders already take into account the time the children are with the non-custodial parent.
I am in San Diego.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
