We have 50% legal and physical custody of the child but she lives with us full time, minus every other weekend that she visits her mom. We have had her full time for 6 years with no monetary support from her mother so far. We never went to court to get support. We are thinking of having the child live with her mother full time, but are worried about the child support that we would be required to pay. How is it calculated? Because she never paid, will that be taken into account when calculating the monthy amount?
Not much. We went and saw a lawyer a while back to try and get complete custody of the child because her mother has decided to reside and procreate with a convicted murderer (juvenile offense) and the lawyer said there is nothing we can do about it. Now the child is completely out of control and wants to live with her mother. We see no other options at this point as we can not longer keep a handle on her
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IF there is no court order in place, you cannot go back and collect amounts you should have been paid before. Depending on your state, there is a child support calculater that tracks the statutes on support which is a function of incomes. what state?
We are in California. There is no mention in the divorce papers regarding monetary support. My main concern is that she is going to go down to the county immediately and file and we will have to move because we won't be able to pay rent. I just used a calculator on another site and it said that, if the information I am entering is correct, that we would be required to pay $745 a month. That just seems outrageous to me. We can't afford to pay that kind of money. Do the courts take into account that our lifestyle will be severly compromised if they were to award her that amount of money?
I'm afraid the calculator controls. You can make an application to reduce even before an order comes down based on the facts. Whether she brings the application or you is not important. When all are before the court, all issues will be addressed.
What type of facts do the courts accept as far as reducing the payments? Does debt factor in? Rent? Other monetary obglitations?
Is there something that we can have the mother sign that states that she will not go after child support? Is there a way that, without having to go to court, we can come to a legal agreement on a reasonable amount that we are willing to pay and make sure that she can't come back a few years later and ask for back child support?
All of the above...Forget the agreement...if she breaches, you have a long drawn out breach of contract action. GET THE ORDER/
How do I get the order? We are the paying parent. I thought she had to apply for the support and the order came from that?
EITHER can apply to set the support. Retain counsel to do it right.
Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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