Legal Question in Family Law in California

I had twin boys with a man and we were never married nor do we live together. We have shared custody but I am the custodial parent. He has regular court agreed upon visitation several days a week. He has never wanted to pay child support, but was asked to when I filed for it. Now he is unemployed and has threatened to coming after me for child support even though he is not the custodial parent. Is this even possible? I do not make a heck of a lot of money, but enough to take care of me and my Children. We have never lived together nor shared any finances. What is the likely hood of this being approved? Can he even file for such nonsense? Gracias!


Asked on 4/10/13, 7:21 pm

1 Answer from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

Yes, he can certainly file and he has to if he wants to get child support modified to reflect his new income. Child support is based on the percentage of time that the children are with each parent and the parents' relative incomes. It definitely is possible that if he has visitation three days a week that you will be ordered to pay him child support - especially if this visitation is where the children spend the night with him. But, even if he is unemployed, his unemployment checks count as income for child support purposes.

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Answered on 4/10/13, 7:43 pm


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