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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16502
Experience:  Licensed experienced Attorney
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The jurisdiction is California. I live outside the United

Customer Question

The jurisdiction is California. I live outside the United States. I have a 5 year old boy with my ex girlfriend who lives in California. She also has a 3 year old girl from another ex of hers there in California. I have been paying CS and 1/2 of daycare for the boy. She is not collecting CS or daycare for her other ex and makes all sorts of excuses as to why she would not sue him for his share with respect to their 3 year old daughter. She tells me her other ex, the father of her daughter, makes more than me and her combined.
The 5 year old boy will now enter grade school this August. My ex says the boy will be in school for half a day. I believe it is fair and sensible that since the boy is in school for half a day, we should not be paying the child care provider for a full day's work.
I suspect that my ex will require the day care provider to continue to come to her home for a full day because of the younger 3 year old daughter. She will likely want me to continue to pay for 1/2 of the full salary. I think that since my 5 year old son will be home only half a day, I should pay only for that.
What are my options?
Submitted: 7 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 7 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

I am not permitted to tell JustAnswer.com what to do in their specific situation or list all of the legal rights / legal options that might potentially apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

Thank you.

Customer: replied 7 months ago.
Here are the facts: I have a 5 year old with my ex in California. I have been paying CS and 1/2 of daycare. She got knocked up again with a different guy and now has a 3 year old daughter. She does not collect CS etc from him although she tells me the other guy makes more than me and her combined. The 5 year old will now enter grade school. He will be at school for at least half a day each day. My ex will continue hiring the nanny full time because of the 3 year old. I believe I am only responsible for 1/2 of the 5 year old and since he is in school for half the day, his child care costs should no be slashed by half and half of that half is my share. Am I correct? What are my options?
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Was child support and also childcare payment ordered by the court?

Customer: replied 7 months ago.
But I'm abroad and do not have ready access to California courts.
Customer: replied 7 months ago.
I can probably file things online but cannot appear in person.
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Unfortunately, generally, while the non-custodial father would only be responsible for the 1/2 of the court ordered childcare related to the biological minor child and if the child goes to school for have of the day, then the father will only be liable for 1/2 of such childcare cost.

However, if the mother demand the full payment and there is a dispute as to the amount of the childcare that the father is liable for, then such dispute will likely end up in court and the judge will review the entire situation and will make the decision based on the facts presented before court and if you cannot appear in court, then you can hire a local family law attorney who will be able to represent the father in court and make sure that father only has to pay for childcare related to his child and not any other minor children that the mother might have.

You can find an experienced and skilled local family law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to family law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.
I wish you the best of luck!

Expert:  Alex J. Esq. replied 7 months ago.
Expert:  Alex J. Esq. replied 7 months ago.
Expert:  Alex J. Esq. replied 6 months ago.

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