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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29282
Experience:  Attorney with experience in family law.
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My ex husband has stopped paying me the child support we

Customer Question

My ex husband has stopped paying me the child support we have agreed on. I have opened a child support case. My question is, what is the average amount awarded to the custodial parent? When the Non-custodial parent makes 54,000 a year. I have been a stay
at home mom and wife for almost 9 years. We were married for 4. Is there a way to be awarded alimony as well.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Alimony is something that typically must be requested during the divorce. If you did not receive it at the time, I'm sorry to say, a judge cannot grant you alimony now. With that said, alimony is usually only awarded when spouses are married for at least 10 years, so it likely would have been denied.

Child support is based on more than just the non-custodial parent's income, and we're not able to do the calculations for you. However, this calculator should help you figure out how much you may be entitled to. If the amount he was paying by agreement was higher, you can ask the judge to enforce the agreement instead.

http://www.childsup.ca.gov/resources/calculatechildsupport.aspx

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Customer: replied 1 year ago.
I have done calculations several times and I always get the same amount. As did he when he did calculations. The problem is his new girlfriend seems to think I should not receive that amount. Instead of paying child support he is taking her away for the weekend. Spending money on fast food when the kids are with him. I have Smud threatening to turn off my power. PG&E is almost $500. Water is $300. I am actively looking for work. I have four kids and I just want what it fair. My kids should not suffer because their dad's mistake.
Customer: replied 1 year ago.
He has his unemployed girlfriend and two kids living with him. I think this is way he can't afford to take care of his own.
Is there any legal way to handle this, other than child support order?
Expert:  Lucy, Esq. replied 1 year ago.
His new girlfriend has no legal say in anything. Child support comes first. You can have it taken straight out of his paycheck. If he wants to throw away the rest on someone who's using him for his money, that's not your problem.
As a matter of public policy, a judge will not allow a parent to say to a child, "I'm sorry, but my new relationship is more important than you are." He needs to pay and he can go to jail if he doesn't.