Family Law Questions? Ask a Family Lawyer Online.
Thank you for using JustAnswer. I am researching your issue and will respond shortly...
If there's already an order in place regarding child support, while you can request a modification based upon higher earnings, the modification, if granted, will only go back to the time that you requested it from the court. When a court modifies an award of child support, it may make the award retroactive to the date that a modification was requested, but it cannot go beyond that date. It is within the discretion of the tribunal as to whether to make the award fully or partially retroactive to the date of filing. In some states, a person seeking modification must present evidence demonstrating why the order should be retroactive to the date of the date of filing. In other states, retroactivity is presumed, unless the court is decreasing the amount of support.
To file for a modification, contact the family law facilitator (http://www.courts.ca.gov/selfhelp-facilitators.htm) in the county where the order is entered.
As for her visitation, if your daughter's father is insisting on exercising his visitation rights, there are a couple of things you can do. One would be for you and/or your daughter to have a heart-to-heart talk with him to explain the situation. If he is unreceptive to the idea of ending his visitation with your daughter (which he very well may be), then you will have to go back to court to request a modification of your order with respect to visitation. The court can then appoint a guardian ad litem for your daughter to investigate the situation, and make a recommendation to the court regarding whether the visitation order should be modified, and if so, how it should be modified. Unless and until the order is modified, or unless she is in some sort of danger at his house (i.e., he is abusive, he uses drugs, etc.), she essentially doesn't have any rights. She will have to go visit her father as scheduled, unless he agrees not to exercise his visitation time.
Otherwise, she wouldn't really have the option of not seeing him. It's his right to see her, not her right to not see him, unfortunately.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).