Legal Question in Family Law in California

I recenlty obtained 50/50 joint legal and physical custody of my daughter? I have two questions. Can the mother continue to collect child support? Our current order is for $0 support and $10 arrears. The mother is requesting a modification. Our case is thru the child support services department. She has hired a private attorney, eventhough a modification will not benefit her. She is on welfare and will only receive $50 a month of what I am ordered to pay. She is also asking the court to order me to pay $1500 for her attorney fees. Just so she can get an extra $40 a month. Is her attorney misrepresenting her or doing anything that could be considered illegal or misconduct? It seems to me that her attorney is only interested in getting his $1500 dollars.


Asked on 9/12/09, 3:42 am

1 Answer from Attorneys
James Chau Law Offices James Chau

Every person is entitled to legal representation if they want. It may be possible for the court to order child support since it is dependent on the incomes of the parties and the respective custody time share. If you are low income or unemployed then it would be impossible for you to pay any attorney fee award. Then I would suspect it would not be ordered by the court.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 9/25/09, 12:06 am


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