Legal Question in Family Law in California
My ex hasnt paid child support in over 2 years (he is jobless and not trying to change that) and still takes our 2 children every other weekend like he is suppose to. He has another child that has had head lice for over a year now. I have had to treat my daughter several times due to this and now carry the expense of sending her with products to help keep the lice off now. (with fingers crossed every time). Can I 'legally' stop sending the children until this is taken care of? If I cant because of the lice what rights do I have with him not paying support?
2 Answers from Attorneys
If you wish to modify a court ordered parenting agreement, you need to file a motion to change the visitation plan. If your ex is delinquent in paying court ordered support, then you should go to DCSS ( Department of Child Support Services) and ask them for assistance on collecting the arrearage.
Ms. Kock is correct. I would add just for clarification that compliance with support orders, and custody determinations have no connection. There are a great many very oppressive tools the state has to enforce child support orders. They don't reduce custodial time for that. The child is entitled to a relationship with both parents and support from both. You don't improve the child's situation when they are not getting support by cutting off the relationship too. The health issues, on the other hand, are a very legitimate basis for asking the court to change custody.
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