Legal Question in Family Law in California
What can I do?
I have recently graduated from college and in the process of looking for work. The NCP's lawyer asked the D.A. judge to stop the money being given for half of daycare until I get a job. From my point of view, I believe that it should not have been stopped because this would just be detrimental to my ability to find and secure a job, if I was offered a job next week I will be unable to accept because there is not enough money for daycare (contrary to what the judge said in court, I have no one to leave my child with). Is there anything I can do, am I asking for something not legal or not valid? I don't want more or less than what he is legally supposed to give anyway and I have no problem making child support retroactive to the day of my employment, so why is the judge making it more difficult for me to find a job? After all, my finding a job is ultimately going to be beneficial to the NCP because it would then lower his child support amount. Please help, thank you for any information. By the way, we changed judges because the NCP's lawyer had ''issues'' with the judge prior to our court date and I'm just wondering if he is allowed to ask for another judge, am I as well (being a layperson)? Thank you.
3 Answers from Attorneys
Re: What can I do?
Did the judge set support based upon you having no income? You raise many questions which really cannot be answered without more details. Can the judge make the order that he made, yes he can. Is it a reasonable order, it doesn't make a difference because it is the order. There are many reasons a judge may recuse themselves or they may ber challenged, it is now too late to challange this judge, because you have already appeared in front of him. Since the father has an attorney, you would be well served by an attorney. Good Luck, Pat McCrary
Re: What can I do?
There is alot going on here. Documents and orders would have to be reviewed. Judges make decisions for various reasons which would be contained in his minute order. Your child should be entitled to receive reasonable child support. Spousal support is something different. You cannot live off of child support and must ultimately get a job. Have you requested spousal support, etc. Also, you can re-file for spousal and child support based upon changed circumstances. Please hire a lawyer to protect your rights.
Reply: What can I do?
Payment for one half of the day care expense is to enable the custodial parent to work or go to school. It is not intended to provide for "looking for work". You may have other options.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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