Legal Question in Family Law in California

My son's father and I have a court order right now that says he has 80% physical & 50% legal custody, I have the rest. In February 2012 we agreed outside of court that the child would live with me 100% of the time. He told me he did not want to have a child support order and that if I was patient and worked with him he would help out financially. He has provided barely $800 total to me since then. He has threatened me that he will take my son back from me if I try to file for child support. What should I do?

Asked on 8/24/13, 1:56 pm

1 Answer from Attorneys

Joseph Waters Joseph Patrick Waters, Esq.
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You could seek modification of the orders, since the orders do not reflect what is going on with the child. You should probably still have significant time with your child, and you may also get a child support order that can be enforced. Letting a parent who owes child support to pay "whatever they can" is almost never a good idea.

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Answered on 8/30/13, 9:29 pm

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