Legal Question in Family Law in California
Family code 4062
I have a 17 year old daughter who, for the past year, has drive 5 miles from her mother's house to mine to visit me on alternate weekends. To try and dissuade my daughter from visiting, the mother is now, for the past month, denying my daughter the use of her car when she visits me, stating that the support of $1000./month that I pay, doesn't cover her car insurance costs! My share would be around 50./month. I have been apart from this woman for 16 years and she still has an atty write letters stating that, if my daughter uses her car for her 2 weekend visits per month to my house, he will use Cal. Fam. Code 4062 to demand that I pay for half of all the car costs. The car is deeded in the mother's name. I looked up code 4062 and it doesn't seem to apply here. Who is correct? If this action has no legal backing, which authorities would you suggest I contact to fix this problem. I no longer have/desire legal counsel against this woman. We separated in 1990 and I have been remarried for the past 8 years. thank you.
1 Answer from Attorneys
Re: Family code 4062
It would seem that the simplest and cheapest approach for you is to drive to her home and pick her up for the visits. This approach eliminates any claim she may have that the insurance is a cost of visitation.
If this approach is not feasible then offer to pay for the days on which the car is used to drive to your home. Thus if she visits 72 days per year then pay 72/365. That is the portion of her insurance that benefits you.
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