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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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My husbands ex lives in a different state. We live in CA

Customer Question

My husband's ex lives in a different state. We live in CA and the original CS order was done in CA. I make quite a bit more than my husband. Does my income count in CS calculation of my stepkid? Is CA law going to apply?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The California court retains jurisdiction unless or until she has the case transferred. Usually, the court would agree to transfer the case if all parties have left the state, but if the father still lives there, they would likely keep it. The case will not be transferred if no one requests it.

Your income does not count in a child support calculation, because you have no legal obligation to support your husband's children from a prior relationship. Cal. Fam. Code, Section 4057.5. The only exception would be if there were evidence that your husband were intentionally refusing to work and allowing you to support him in order to avoid paying support. There's nothing in what you've said to suggest that is the case.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Does my husband prove that he has health insurance for the kid in the review process? Since he lives out-of-state, the insurance provided thru his work doesn't apply to any treatments he get out of CA (aside from ER stuff). We pay his ex 50% of the premium she pays for the kid's health insurance. Would that suffice the health insurance requirement?

Expert:  Lucy, Esq. replied 1 year ago.
They can agree that he will reimburse her for what she pays in insurance if it's not possible for him to get insurance through his employer that will cover them in the state they live in. If the order requires that he pay for insurance, the judge could make him pay for a separate policy in another state. However, that would reduce the money he has available for regular support, so it doesn't make a lot of sense for the judge to order that if they've found a solution that is working. He may need to be prepared to produce evidence that he's paying the 50%, though - canceled checks are good, plus any emails, text messages or other written conversations where they made the decision to do it this way.
Customer: replied 1 year ago.

the CS court order requires the mom to pay 1/3 of the airfares, but she has never paid a penny for them nor have we ever asked her for contribution as we want to see the kid and regardless of her paying. Is that a factor that the Child Support agency would consider as part of the calculations? Also, whenever the mom has asked us for "extra" money, we've always obliged (and I have cancelled checks for every single payment we mail to her). Does the CS agency even care about that?

Expert:  Lucy, Esq. replied 1 year ago.
The extra money is just considered gifts to the children. It doesn't go toward his obligations. Technically, you could have her held in contempt of court for not paying her 1/3 of the airfare. That fact may be more useful if you're trying to negotiate a resolution with her rather than if you go back to court. But it is something that could be brought to the judge's attention if, for example, you wanted to ask that he remove that requirement and instead reduce other amounts that your husband pays.
Customer: replied 1 year ago.

One last thing, I believe the ex is going thru the CS agency (instead of the courts since she's out of state) for the modification. Is there any difference? or is it just a straight forward formula?

Expert:  Lucy, Esq. replied 1 year ago.
The main difference is that they'll take money right out of his paycheck. The calculation is the same.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 21099
Experience: Attorney with experience in family law.
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Customer: replied 1 year ago.

Also...is There a way to explain to CS that the reason why we had less time with the kid this yr was because he wanted to play sports (which cut short our summer with him)? I am worried because it will appear that in the last 12 months, we saw him less than 20% of the time.

Expert:  Lucy, Esq. replied 1 year ago.
If she is asking to increase support because your husband spend less than 20% of the time with the children, you can try to explain that's why. If he lets them know that he would be happy to exercise more visitation if the son's schedule allowed it, that's something the judge could consider.
Customer: replied 1 year ago.

Once the review is complete, does the modified payment take effect upon complete of the review? Or does it retroactively take into effect to the date the review is requested?

Expert:  Lucy, Esq. replied 1 year ago.
It will be back-dated to the date the request is made. It can't go back before that date. So, if your husband income increased and she waited a year to request the modification, he wouldn't have to go back and pay more for that year.
Customer: replied 1 year ago.

I didn't mean to give you a poor rating!! I accidentally clicked on it while I was reviewing the answers you've provided! I've contacted Justanswers to see if that can be remedied. In the mean time, going back to the health insurance thing, my husband's court order states that he has to maintain health insurance for the kid if available thru his employment or otherwise available at no or reasonable cost. Per Fam Code 3751, "reasonable" is presumed if less than 5% of the gross income. The employer coverage cost for the kid exceeds the 5%. Also, the coverage won't be accessible out of CA and per Fam Code 4063, coverage is presumed accessible w/in 50 miles of the kid's residence. And we pay the mom 50% of the premium for the health ins coverage thru her work for the kid. Would that suffice the requirement for my husband?

Expert:  Lucy, Esq. replied 1 year ago.
Thank you for letting me know. The high rating will override the low one, so it's a harmless mistake.

If the court order says the he only has to provide insurance if his job does it or its reasonable, and the cost of providing private insurance would be more than 5% of his gross income, he's actually not required to provide any insurance at all. That means that paying half of the mother's insurance costs to provide coverage through her employer should be more than sufficient to show that he's complying with the order.

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