Legal Question in Family Law in California
Verbal support agreement
My husband and I are seperated, and moving towards divorce. We both make around 65K. We have a 14 year old daughter and originally agreed on joint custody with physical custody with me. He pays me $250 every other week. We agreed on this but that he would help with extra stuff, sports, music, ect. so our daughter would see both of us involved with her. Visitation was open. He does not visit her, he stops by my house and says hi from time to time how can I force him to see her more, or pay more if he is not going to see her. I would rather him see her more as I think it is in her best interests to have a dad yet he is not there for her in time or me for money. What is my best recourse? Also he is a city of L.A. employee and has a substancial retirement I also have a good 401K, should I have these evaulated or accept mine as mine and his as his. Also his mom home was placed in his name to assist in financial aid. The plan was that the home was to go to our daughter yet he has his friend living in the house (thus no rental income and no money to help out with our daughter) I know his mother would agree to the home going to our daughter yet I would rather not include her as she is elderly and not in good health.
1 Answer from Attorneys
Re: Verbal support agreement
You cannot force him to have more contact with the children. Child support is presently determined with a computer program. The per cent of time he has visitation has a the greatest reduction affect on the amount of child support he has to pay. There web sites where you can run the calculations. It may be better and cheaper to contact the local bar association and make an appointment for a consoltation with a family law attorney, as the program is some what complicated.
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