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rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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We have 50% legal and physical custody of the child but she

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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: 8 years ago.
Category: Family Law
Expert:  rvlaw replied 8 years ago.

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?



Customer: replied 8 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?
Expert:  rvlaw replied 8 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.



Customer: replied 8 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?

Expert:  rvlaw replied 8 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/



Customer: replied 8 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?
Expert:  rvlaw replied 8 years ago.

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



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