Legal Question in Family Law in California

My question is I have 4 kids my ex and I have been split up for 3 years the first 2 years the kids lived with me and he did not pay support now the kids live with both of us equally. I am having hardship and I ask for his help, he says no but my question is can I apply for child support because he says if I do he will take me to court for full custody and make me pay child suport. I am not trying to use him or get over on him but I really need help. I dont want to fear losing my kids just because I apply for child support. My finances are pretty bad but I am taking the necessary steps to fix them. I am a great mom never been on drugs but I do have a wage garnishment and lots of debt. Plus he has a lawyer already and I dont. Can he take my kids if I apply for suppport and we have joint custody? I cant afford a lawyer and he can.


Asked on 9/07/11, 8:54 am

1 Answer from Attorneys
Patricia Vanharen Law Office of Patricia C. Van Haren

If your husband makes more money than you, he may be required to pay a portion of your attorney fees. Child support is based on income of the parties in addition to the timeshare. Additionally, you can file a child support case with Child Support Services without the assistance of an attorney. If there are no custody orders in place, you may want to get orders for custody and visitation. The Courts favor joint custody, so the burden would be on your ex husband to establish that you are unfit to raise the kids. Further where there is a dispute as to primary custody, the courts favor the parent who is more willing to make the children accessible to the other parent.

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Answered on 9/07/11, 5:01 pm


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