Legal Question in Family Law in California
My soon to be ex wife and i are going through a divorce and child support dispute. When my exwife filed for divorce she requested that she not receive child support and when i filed my response i agreed to that but due to the fact that at one point in time she was on welfare a child support case was opened by the state so she would continue to receive benefits. Now that she is no longer on welfare but she has since changed her mind and now wants the child support. If the divorce case hearing takes place a month before the child support case hearing which way will the judge most likely rule?
3 Answers from Attorneys
The court will order you to pay child support.
Guideline child support is always available for the support of children and the Court will order that guideline support be paid.
The timing or placement of the divorce action in relationship to the child support matter is irrelevant. As other counsel mentioned in their answers, at any point child support can be requested. If the support that's been agreed-upon is lower than guideline, the party seeking support can always return to ask for an increase.
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