Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

We have 50% legal and physical custody of the child but she

Customer Question
lives with us full time...
We have 50% legal and physical custody of the child but she lives with us full time, minus every other weekend that she visits her mom. We have had her full time for 6 years with no monetary support from her mother so far. We never went to court to get support. We are thinking of having the child live with her mother full time, but are worried about the child support that we would be required to pay. How is it calculated? Because she never paid, will that be taken into account when calculating the monthy amount?
Submitted: 9 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
10/23/2008
Family Lawyer: rvlaw, Attorney-Therapist Mediator replied 9 years ago
rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8,387
Experience: Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
Verified

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that while I assist you, I don't know what you already know about the issue unless you tell me.

 

IF there is no court order in place, you cannot go back and collect amounts you should have been paid before. Depending on your state, there is a child support calculater that tracks the statutes on support which is a function of incomes. what state?

 

rich

Ask Your Own Family Law Question
Customer reply replied 9 years ago
We are in California. There is no mention in the divorce papers regarding monetary support. My main concern is that she is going to go down to the county immediately and file and we will have to move because we won't be able to pay rent. I just used a calculator on another site and it said that, if the information I am entering is correct, that we would be required to pay $745 a month. That just seems outrageous to me. We can't afford to pay that kind of money. Do the courts take into account that our lifestyle will be severly compromised if they were to award her that amount of money?
Family Lawyer: rvlaw, Attorney-Therapist Mediator replied 9 years ago

I'm afraid the calculator controls. You can make an application to reduce even before an order comes down based on the facts. Whether she brings the application or you is not important. When all are before the court, all issues will be addressed.

 

rich

Ask Your Own Family Law Question
Customer reply replied 9 years ago

What type of facts do the courts accept as far as reducing the payments? Does debt factor in? Rent? Other monetary obglitations?

Is there something that we can have the mother sign that states that she will not go after child support? Is there a way that, without having to go to court, we can come to a legal agreement on a reasonable amount that we are willing to pay and make sure that she can't come back a few years later and ask for back child support?

Family Lawyer: rvlaw, Attorney-Therapist Mediator replied 9 years ago

All of the above...Forget the agreement...if she breaches, you have a long drawn out breach of contract action. GET THE ORDER/

 

RICH

Ask Your Own Family Law Question
Customer reply replied 9 years ago
How do I get the order? We are the paying parent. I thought she had to apply for the support and the order came from that?
Family Lawyer: rvlaw, Attorney-Therapist Mediator replied 9 years ago

EITHER can apply to set the support. Retain counsel to do it right.

 

rich

rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8,387
Experience: Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
Verified
rvlaw and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask rvlaw Your Own Question
rvlaw
rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8,387
8,387 Satisfied Customers
Experience: Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.

rvlaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I had a child support case dropped last year, now the mother
I had a child support case dropped last year , now the mother gets mad when I'm late with the payment now she saying she going to open it back up Tuesday. He will be 17 May the31. But can she do that.… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
NY.....joint custody but physical custody with mom....dad in
Hello, NY.....joint custody but physical custody with mom....dad in VA. Mom decides to homeschool without telling dad, which he is failing. Dad called the school 3 months ago as the mom stated a psych… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
Situation: Court order says to pay child support if the
Situation : Court order says to pay child support if the child is living at the mothers home and going to college until the child is 20 years old. What if the child is living in a college dorm does th… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
My Husband pays child support to his child's mother. The
My Husband pays child support to his child's mother. The agreement was never brought to the court or signed.Can she file for child support and if she does will the court make him pay the 17% or take i… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
I have a child support case tomorrow, the mother lost
I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Gua… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,429 satisfied customers
Story I've had full physical custody of my daughter since
Long story I've had full physical custody of my daughter since she was 18 months old. I was recently put on night shift over the last year which put my daughter in the care of a baby sitter all day an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
Can I sue my sons mother for collecting child support even
can I sue my sons mother for collecting child support even though our son got locked up? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
I would like to split physical custody 50/50 with my spouse
I would like to split physical custody 50/50 with my spouse and not seek child support. We would each cover major costs such as health premiums and child care costs. Any advice on language to support … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
Im in California...have sole legal and physical custody of
Hello.....im in California...have sole legal and physical custody of child...father just got out of prison ..did a 5 year term ...immediatly wants ,visitation...what are his rights ..… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
My son owes $25,000 in back child support, the mother has
My son owes $25,000 in back child support, the mother has never had anything to do with the kids, the Court has stopped his payments but how does he clear the money owed, he has had sole custody for 1… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I am divorced and was awarded physical custody and he was
I am divorced and was awarded physical custody and he was awarded partial physical custody. Joint custody also awarded. I'm getting remarried next year and wanted to move 27 miles away. Same state..di… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x