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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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I am already divorced and have been paying child support since

Resolved Question:

I am already divorced and have been paying child support since 2007. I am in a new position with the same company which allows me to have more time off. I am a flight attendant. I am now away for three days and home for four days. This is a typical schedule unless you pick up extra trips or even give away trips to allow you to be home more. My ex and I have joint custody and she has physical custody. This was before I was a flight attendant and had this schedule. I can now prove or say I can spend more quality time with my two boys. What I am asking is; can I go back and ask for custody? Can I ask for Joint physical custody now? And can I stop the child support? I want equal balance and want to show that I can have my boys more. I just can't afford a lawyer.......Jason
Submitted: 5 years ago.
Category: Estate Law
Expert:  John Elder replied 5 years ago.
Thank you for trusting Just Answer. I will answer as clearly as possible. I do ask for you Accept my answer so I am paid when we are done.

To start, just because you have joint physical custody does not mean that you will not owe child support. Child support is based both on income of the parents and the amount of custody the parents have.

Child custody and visitation orders are modifiable throughout the child's minority whenever the court finds a modification is "necessary or proper" in the child's best interests. [Ca Fam § 3022]

By showing that your schedule has changed and would allow for additional custody you can certainly present this additional time as being in the best interest of the children.

I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your inquiry. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

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