Legal Question in Family Law in California
step mom worried --
child support papers just arrived, dad on disability due to medical reason, will go back to work (if job is still there) sometime in december, visitation 6 nights out of 14 day schedule. support stopped a few years ago when business for mom was good. business now bad and she is divorced from husband. visitation deviated by request of child to be closer to friends and school. can my (step mom"s) income be figured into this equation? it is consistant and has been.
how is support figured with these circumstances?
1 Answer from Attorneys
If the papers do not request a formal schedule change, support will be calculated based on the existing ordered schedule. Your income will not be included in the calculation. That is prohibited by statute. Not so clear is whether support will be ordered based on dad's current income, with an order to return in December or January for review, or based on projected December forward income, with the right to come back for a modification if the job is gone.
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