Legal Question in Family Law in California
I have shared custody of my 2 kids with my x who lives in CO. I get every summer and everyother christmas. Plus all days that we agree to. But he is to pay all transportation "without predjudice. So naturally he denies me all visitation except summer and every other christmas
Also, my child support says im supposed to pay him while they are in his custody and care.
1. Do i have legal grounds to fight him for other visitation
2. Am I supposed to be paying support for the summer and christmas time they are here?
Any help is appreciated.
2 Answers from Attorneys
Is the custody order in CA or in CO? If in CA, you can ask the court to modify the visitation order based on a substantial change in circumstances (being that he is not mutually agreeing to additional visitation and that the visitation obligations are unclear). Whether you are obligated to pay child support during your visitation depends on the wording of the original order.
If you have a California support order, the support is spread over the year, so that you don't have to come up with extra cash during the months the kids aren't with you. The total annual amount is the same, as it would be if you paid when they are in CO and not when they are with you. It's just converted to a regular monthly payment. As Atyria mentioned, we need to know whether your order was issued by a CA or CO court to address changing the order. If it is a CO order, you should repost this as a CO question, since state laws on custody and support vary greatly, much more than other areas of the law.