Legal Question in Family Law in California
Former spouse neglecting payment responsibility
Amidst difficult communication with former spouse and his current wife (which bordered on harassment), the continuing issue of payment of child care/child support expenses has arisen.
I am again faced with another issue with his resistance to pay the required � fee of childcare expenses. When I remind him of his obligations, I am insulted and accused of not taking my child�s best interest to heart. He has, in the past, deducted from the child support for expenses incurred for her needs (dentist, doctor) without consulting me. I have paid numerous fees for her needs and expenses, however I view that as the cost of raising a child.
We have had nothing but troublesome discussions for several years and despite my attempts to just be fair, I am disgusted and tired of dealing with him. The only documented child-care/custody agreement was at the time of our divorce, which was approximately 8 years ago. Do I have cause to take this issue back to court?
Despite drastic changes in my financial situation and the additional monetary duty to two other children, I have bore that responsibility. I am interested in options I have to resolving this situation, so I can stop taking the brunt of the insults.
3 Answers from Attorneys
Re: Former spouse neglecting payment responsibility
If the noncustodial parent is not paying their agreed upon and/or court ordered support, and dealing with them is completely contentious, call your local District Attorney's office. They will help a custodial parent obtain and enforce orders for paternity, child support and health insurance. They will also review the current child support order for a possible increase. They will even help you find the other parent if necessary!
Re: Former spouse neglecting payment responsibility
You painted the broad outlines of the issues, but it is not specific enough.
If the court ordered him to pay 1/2 daycare, and he refuses, you can seek to have the daycare paid through wage assignment. Or you can cite him for contempt of court. Five days or so in jail should help his attitude.
Usually the order requires each parent to pay 1/2 or some other fraction of uninsured med/dental needs of the child.
Since 8 years has passed and you imply that your income has gone down and you have more children, you might also consider modifying child support.
Re: Former spouse neglecting payment responsibility
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, Tenants'
Rights, and Juvenile Dependencies, and EDD
hearings and appeals, as well as information
about me (education, experience, et cetera)
and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry; however, I would
say that after eight years and given the problems
you have described it probably is time to go back to
court to modify and/or clarify your original judgment.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
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