Legal Question in Family Law in California
Child Support
my ex husband wanted me to give him most of the custody of our kids so he wouldnt have to pay child support!i told him NO, but assured him that i wouldnt ask for any unless i needed help! when we went to mediation, we both agreed on 50-50 custody of our 2 kids so court went smooth. later i went to the family court to look over our divorce papers and noticed a paper that seemed to give my ex full custody of both kids. he is unaware of this paper but that is what has stopped me from trying to get any support from him! although i have had my daughter from day one of our seperation and i have had my son off and on because he chose to stay with his father! my ex has done very little to take care of either one of the kids. my ex hardly regards his daughter. i am tired of haveing to beg for help from him to feed his kids but i'm worried about having to pay child support for kids i already support, because of a paper i didnt know i signed! i have always taken care of both my kids on my own but now i need help Will this paper stop me from getting help, and will it force me to pay him child support for kids i already take care of?
1 Answer from Attorneys
Re: Child Support
The court is more likely to look at what the actual custody schedule has been as opposed to considering an the formal order. Go to court and modify both of the orders. If his income is greater than your, he would still pay child support in a 50/50 custody schedule. Get the advice of an attorney before filing any papers. It should reduce your chances of making another mistake. Good Luck, Pat McCrary
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