Legal Question in Family Law in California

For the last few years I�ve had to pay 100.00 monthly in child care fees (from my wages garnished) when I know my kids aren�t actually in child care. They are teens! When they aren�t with their mom they are with me. I want to go to court to stop the garnishment and only pay a �sitter� if one is actually used. Is that possible?


Asked on 11/19/12, 11:53 am

1 Answer from Attorneys
Brian McGinity McGinity Law Office

Sure, it's possible. However, I suggest you visit either the family law facilitator's office or consult with an attorney before you open up an issue. If you are still paying for day care it sounds like you haven't been to court for quite a while. If you're also paying child support along with the day care expenses you might be in for a shock. If they run the numbers you could end up paying additional child support. If you ex is making less money or if you are earning more money than you were when the order was put into place the child support order may go up. So you could win the battle and lose the war. Day care may be ceased but if child support goes up $150.00 a month you will end up paying more money. This can be determined by visiting your local family facilitator's office and running a dissomaster using updated numbers. You may want to consult with a private attorney for a brief time to get an idea of financial situation. Generally family law attorneys will offer lower initial consultation prices and you could use the time to speak with an attorney about this issue.

If you have any questions feel free to call our office.

Good luck

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Answered on 11/19/12, 3:00 pm


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