Legal Question in Family Law in California

Additional Child Support?

After my wife was served the divorce papers, she requested a divorce petition in which I can only have supervised visits to my son even though I filed a notarized document renouncing child custody rights on my behalf. We have sold a joint ownership property (single family home) for which we received $160,000 sum, which I left entirely to my wife to be distrubuted to my son. Will the Divorce Court request me to pay additional amounts even though I renounced custody rights of my son and left my wife my $80,000 profit portion on the property sale of our joint property, as well as common property (funiture, appliances, carpets, rugs, television set, etc.)?


Asked on 4/11/09, 4:56 pm

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: Additional Child Support?

You can't simply renounce custody, that is a complicated procedure that requires a court judgment, so I expect based upon what you write that this hasn't happened. It sounds like you are thinking that you gave our wife your share of the sale proceeds, therefore, you shouldn't have to pay child support. Regardless of any written agreement you may make, the court retains jurisdiction over this issue, so yes, the court can still order you to pay, but won't without you wife making a request.

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Answered on 4/13/09, 11:06 am


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