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AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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I live in California. I was just ordered to pay child

Customer Question

Hi, I live in California. I was just ordered to pay child support to my son's mom based on incorrect information. She claimed she was paying a certain amount for childcare that was not actually happening. When I brought it up in court they asked for her receipts and she was only able to come up with one or two not the 3 years she had claimed and that I had been ordered to pay. So they, gave me a small credit towards my monthly and said that was all they were going to do and then they increased my child support by 400.00 because I had not visited with my son. First I want to know how I can get my money back from the 3 years of childcare I paid and secondly, the judge never allowed me to speak so that I could let him know that the mother would never show up to the drop off location for me to get my son. All he did was ask her had I seen him and she said no and he ordered the increase stating that since i didn't want to see my son then i just needed to pay. I asked if i could say something and he said no. I really need some help at this point
JA: Well, we require $5 . Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: Yes, the case was filed sometime ago. We've been going back and forth each time she wants an increase.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I was on disability for a portion of this year but never fell behind. when i went back to work, i was given a shift that required overtime and based her knowledge of that she petitioned the courts for more money
Submitted: 8 months ago.
Category: Family Law
Expert:  AttyHeather replied 8 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 8 months ago.

What an awful situation. You need to file your own documents to have her held in contempt of court for refusing to allow you parent-time to which you were entitled. You do have options that you can take if she is not allowing parent-time, and by not filing your own documents to tell the court that she is disobeying the court order, the court will sometimes think that you must not want the parent-time, because if you did, you would have filed a parent-time enforcement action against her.

I hope that makes sense, but I know it doesn't make it any easier. Because she first refuses your visits, and then gets rewarded by getting your child support hiked. That's terrible.

Also, if she is court ordered to help with the child care expenses, you can put that in your order to show cause as well, and ask for a judgment for that money.

Let me know if this information helps.