Legal Question in Family Law in California

moving away

My ex wife is taking my daughter to Guam after I moved from Northern Ca to San Diego to be closer to them. We used to have a verbal agreement on how much child support I will pay her but recently she took me to court and now I am in the system paying her $750/mo. She needs my signature before she can take my child to Guam and she is making a bargain to lower my child support to $400 if I agree. This will all be in writing. I am seriously thinking about fighting for the custody of my child. I am clean without any records. My questions are: Do I have a good chance of being awarded the physical custody? Can she still modify the child support again anytime after we both signed it? Will I still pay the California guideline eventhough she now lives in Guam?

Thank you so much.


Asked on 6/17/06, 1:40 am

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: moving away

Depending upon the circumstances you could have a good chance of preventing the move away. Yes, the Court always retains jurisdiction to modify Child Support pursuant to the guidelines until the child or children reach majority (18). The Court would have to approve your agreement with her for $400.00 per month, etc. Worst of all, if she moves away you might have to pay more because I assume you will have less custody. Just some thoughts.

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Answered on 6/17/06, 6:56 am
PATRICK MCCRARY PATRICK MCCRARY

Re: moving away

You can sign an agreement for $400 child support and the next day she can file a motion to get guideline support. Not a good idea. I recently taught a seminar for attorney's on move away issues and I can tell you the area is complex and no valuable opinion can be given without more information. There is a good chance you can stop the move or get custody. You must be represented by an attorney, there are too many legal pitfalls I've seen many people representing themselves that don't raise the legal issues necessary to stop the move. Good Luck, Pat McCrary

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Answered on 6/17/06, 10:39 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: moving away

How can it be in the best interest of the child to move to Guam? How long has she had custody? What was the visitation time split? The agreement for child support may not hold water. Fight for your . Call me directly at 16192223504.

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Answered on 6/17/06, 4:07 pm


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