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Answered in 7 minutes by:
6/8/2010
VerifiedThe Court wil make its determination with respect to custody based on what it considers to be in the best interests of your son.
The Court will look at all the facts and circumstances.
The fact that you are asking to alter a 2.5 year status is going to be a difficult factor because if the child is doing well the Court will not want to alter this even if you and the father are not communicating.
In terms of support if the child lives with you each half the time you are both obligated to provide child support to the other. The way this works is the higher income earner reduces the amount of support to be paid by what the lower income earner must pay.
If you can show that he is intentionally under employer or unemployed then it's likely that the Court will impute income of $85K.
If he's a CA he is highly employable after all.
I hope that clarifies things.
The Court will look at all the facts and circumstances.
The fact that you are asking to alter a 2.5 year status is going to be a difficult factor because if the child is doing well the Court will not want to alter this even if you and the father are not communicating.
In terms of support if the child lives with you each half the time you are both obligated to provide child support to the other. The way this works is the higher income earner reduces the amount of support to be paid by what the lower income earner must pay.
If you can show that he is intentionally under employer or unemployed then it's likely that the Court will impute income of $85K.
If he's a CA he is highly employable after all.
I hope that clarifies things.
It's not clear but it's really unlikely that a Court will not think he cannot get some job. Unless he can show he's got some sort of disability it will be assumed he can work.
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