Legal Question in Family Law in California

I have a question regarding visitation and how it is calculated for child support.

I have an upcoming court date by phone in Fresno on Dec 20TH.

I am currently living in Arroyo Grande, Ca. and my girls are in Fresno with their mom. The court order states that I get my girls the 2nd and 4th weekends of each month. I also get them 1 week during summer and Christmas along with half of thanksgiving week.

My issue is with the girls mom who has the right to choose their extra curricular activities and she does this on numerous occasion when it is my time with them. She knows I cant afford to drive to Fresno and stay there for the weekend with them. The judge stated that child support is based on actual time spent with the girls. I have made police reports when she does not bring them to the drop off point in Kettleman City. Is there something that I am not stating correctly to the judge? It does not seem right that she can keep the girls on my time and then I am the one that gets the shaft to pay more in support.

I hope you can please give me some info on this as to what would help or what I can say to the judge.

Thank You


Asked on 11/27/12, 12:52 pm

1 Answer from Attorneys

Why does she have the right to pick extra-curriculars on your time? That is contrary to the legal rule on such things. Do you have an order that actually says she can do that? It would be highly unusual. Unless you have an order that says she can schedule things on your time and keep your daughters away from you on your time, she is in contempt of court when she does that. You must file an Order to Show Cause why she should not be found in contempt of court. You are also right that she cannot violate the order and then get more support because of it. Who told you that? "Actual Time" means actual time ordered in most cases. There is a legal rule that if a parent REFUSES their time, they can be charged with extra support, but the other parent has to make a motion for that.

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Answered on 11/27/12, 1:07 pm


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