Legal Question in Family Law in California

Hello my sons father took me to court a year ago after not being in my sons life for 4 yeArs my sons 6 and he got joint legal with visits and me meeting half way sat to drop off and sun to pick up well I've been giving 100 a month so he can't pick up my son on fri I started letting him now he wants to drop child support frm 420 a month to me only getting 175 but he don't wanna go though child support he wants me to just give him cash and he said if I don't he'll take me back to court and have the judge make me meet him half way on fri but the thing is he knws I can't fri cuz I have no car on the weekdays and this is the email he wrote I just don't knw what to do help plz! �

������ Hey I decided to write you this email to explain to you (& Jerry) what I think our agreement should be for now since I lost my job:

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����� -Since I am only�making $892 a month and have to take care,financially,6 people (me,Julie,& 4 kids) I believe I should� be giving you�between $150 to $175�a month for child support.Remember this is only temporary,until�I find another job and believe me I've been looking for another (since 5/31/11 Tuesday).To you this may sound like a little bit but remember I am taking care of 5 other people and after giving you child support I will only have between $717-$742 left over,that's not a lot.And like you told me a while back,you have been putting money (from the child support and tax refunds I have giving you)�in a savings account for Drew,so that will help you out a lot and that was very smart of you to do.Our agreement would stay the same,I would still pick Drew up Friday in Riverside and meet in Fallbrook on Sunday but now you would give me back between $245-$270.But $100 goes to my gas tank and we had already agreed�(before this happened) on you giving me that to offset the cost of gas for me picking Drew up on Friday's in Riverside.

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���� -Now if for some reason we�go back to child support,I will be going back to court first so they know that my visitations now are from Friday to Sunday every other weekend and I will be changing the transportation and asking the judge to have us either meet halfway Friday and halfway Sunday or either me pick Drew up in Riverside Friday and you pick Drew up in San Diego Sunday.Then after that's done we can go back to child support.

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���� I definitely�do not want to go back to court because I do not wish to spend money I don't have,especially now,�but if we have to then I guess I'll have to.I believe we can come up with a FAIR agreement that benefits Drew and my other kids and doesn't screw them over.And I�honestly believe we can do that with out involving the courts.

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Thank you,

MICHAEL BUDD

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P.S If we decide Drew is getting $175 a month,that's leaves me with $717 a month I add $145(the $245 you would give me back but I subtract $100�cus that goes directly for my gas,per our prior agreement) =$862�divide that by 5(people)=�$172.40 a month�for each of us (me,Julie,Angel,Alekzander,& Esabella).This�sounds�fair. Drew & my other kids would getting around the same amount.

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Asked on 6/04/11, 11:24 pm

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I would not have started the trend of giving back your son's money, because it is your SON'S. Even if you have savings, that could be used to give him a nice college fund or something like that. The courts won't allow you to accept a lower child support than guideline because of the fact that this money is supposed to go to the child, and the guideline is calculated to determine the actual costs of raising a child.

If the distance is too far for him to afford, then now would be a perfect time to move closer since he doesn't have a job. They may lower the child support since he isn't working (depending on what unemployment benefits he receives), but from this day forward I would advise you to deposit that money into a college fund, go out and buy your son new shoes and a new outfit with the money you are giving him, anything but give it back to him. If you really want to determine what he should owe you, try putting numbers into this calculator developed by the State: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

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Answered on 6/05/11, 10:10 am


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