Legal Question in Family Law in California
I am responsible to pay child support w/ my ex who has a felony. This felony is preventing her from getting a job. The Judge set her income at zero and even though she only has the kids 4 days a month, I still pay her. The judge said that I am responsible to pay child support even though she has a criminal record which is making it hard for her to find work. Is this accurate?
2 Answers from Attorneys
Yes. The money is for the benefit of the children, even though she gets it. Otherwise, how does she feed the kids when she has them?
A felony does not prevent anyone from getting a job. Makes it really hard, but they can find work if they try. For that reason the court has the power to either impute income to the non-working spouse, or issue a zero-income support order conditioned on a find-work order that requires periodic proof of efforts to find work. Unfortunately a judge can't help either side, so if you didn't ask for imputed income or a find-work order, you're stuck unless and until you go back to court and ask for a modification of the orders.
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