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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32155
Experience:  JD, 16 years legal experience including family law
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My ex-wife filed for food stamps in California, prompting California

Resolved Question:

My ex-wife filed for food stamps in California, prompting California to re-open my child support case. I currently pay $416 for my two children (ages 5 and 6). I received a letter from California stating my support would be raised to $928, which is half of my take-home pay, leaving me with only enough for my rent payment, nothing left for food, gas, etc. I have not received a final court date as yet. My ex-wife and I both agree that is would be too much for me to pay, and she is NOT asking for this.

Can California do this and do I need legal representation in court?

There is also an issue of how much time I spend with my children. Legally, I am an every other weekend dad. In reality, I give my children approximately 40% of my time. Possibly a joint legal custody case should be opened?
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Your ex-wife is willing to stipulate to the increased visitation time to 40%?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Probably, yes, but not sure. If we're only talking child support without changing custody, what do you think my chances are going into court without legal aid.

Expert:  Tina replied 1 year ago.
If the only issue is child support, then it is more likely you could prevail in court without an attorney as long as you have solid proof of your income and your ex does not lie about her income.

With that information, the court would typically be bound to enter an order of support which is consistent with the state child support guidelines. Here is a link to the state's website which provides a child support calculator so you can estimate the amount of support you should be paying consistent with the state guidelines:

http://www.childsup.ca.gov/Resources/CalculateChildSupport.aspx

Support does take into account the amount of visitation you have, so it would typically be in your best interest to seek a modification of the custody order at the same time as the support issue is heard. It would be best to retain a local attorney to represent you in pursuing such a motion though, especially if your ex may contest the modification.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32155
Experience: JD, 16 years legal experience including family law
Tina and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thanks for the good advise. will i be able to get back to you later on my $48 if i close now?

Expert:  Tina replied 1 year ago.
Hello again, Jeff. If you rate me now, you can still return with a follow-up question. It does not close the question if that is what you are asking.

You are very welcome!
Expert:  Tina replied 1 year ago.
Hello again, Jeff.

I would be happy to assist you again. Please feel free to request me when you have new questions and thank you for the positive rating of my service.

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