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? asked in Politics & GovernmentLaw & Ethics · 1 year ago

Child Support?

Okay so I married someone with a child. He would have visitations every weekend and since I have been in the picture the visits have been less and less. Just before this covid-19 thing started she would start ignoring phone calls and not opening the door when my husband would pick his son up. So he got tired of the situation and went to file for visitation rights at family law court here in CA. Well once she was served she started a child support case in which she wants revision of his income. When she was with him he wasn't making alot of money. After getting married he went to a trade school and got his certification in HVAC and she found out about it bc he still has mutual friends of theirs on social media. She knows he makes more money and yes I agree she has all the right to request a modification for chlid support. Right now he pays $350 and if she needs extra he will pay more for clothes etc. He pays regardless if he sees his son or not. Mind you she doesn't even allow the boy communication via phone either. 

On the paper work it asks for my income too.

My understanding is they aren't supposed to loij into my income unless the father makes little money. Am I correct?

Also I filed taxes on my own because of my husbands current status in the US. I recieved it and he wants me to take it out of the bank and put it in his safe. I don't understand why bc regardless it will show we had that amount there.

Help!!!!

Okay here goes my question....

7 Answers

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  • Anonymous
    11 months ago

    Several issues.

    .

    Support and visitation are entirely separate issues.  Courts have ruled for years that paying child support does not equal buying time with children.  Courts can award visitation and no support or the other way around.  Yes, household income is considered in California.  "Extra" that he pays is NOT child support.  I've seen generous non-custodial parents actually penalized because anything NOT labeled child support is a gift.  Therefore, a man who pays $25 a week but gifts $200 a week is considered to be paying $25 a week.

    You are not correct about your income being immaterial; any transfers of money within one year of an Order can be reversed; any hiding of money is a felony.

    I would consult with an attorney.  You are putting yourself in a bad light.

  • ?
    Lv 7
    1 year ago

    The price of admission to visitation with a non-custodial child usually is that you stay current on your child support. Of course she's within her rights to seek more support if her co-parent's income situation has changed. But given that it sounds like you're married to someone without legal immigration status who may or may not even be filing taxes you're definitely going to need a lawyer on this one.

  • 1 year ago

    Why is he being so nice to her?  She's being a hard *ss and denying visitation and not allowing him to talk to his son on the phone.  So it doesn't make sense that he is paying her extra.  He should ONLY pay what he has been ordered by the court to pay.  She has every right to apply for a modification.  He's making more money now.  That's appropriate.  That's exactly how it works.  Child support is based on his income.  He's now making more, so he should be paying more.  Your income has nothing to do with his child support issue in "some" states.  In other states, since you are married to him, you could be made to pay his child support if he stops working.  I know someone who that happened to.  Not a welcome surprise.

    Source(s): Certified Paralegal, with 25+ years' experience.
  • 1 year ago

    "We" did not have the amount. You have it. It is yours, not his. They take your income into account so they do not over garnish him.

  • Tulip
    Lv 7
    1 year ago

    And how is this your business

  • 1 year ago

    Child support and visitation are two different issues..  Neither are dependent on the other.

    Child support isnt some "pay to see" deal.

    It looks like your income is factores in to determine if you are a dependent of his, or if you are able to contribute to the household.  

  • Anonymous
    1 year ago

    Several legal points.  Support and custody/visitation are two entirely different things.  One does NOT hinge on the other.

    In California a petition for modification of support can be filed (and heard) every time there is a substantial change in income.

    AGAIN - whether or not he sees the child is immaterial.  This isn't "pay to see the child."

    If he hands her extra money above and beyond the support order it is a GIFT, not support.

    The paperwork asks for your income because the Court wants to know your income.  It's just that simple.  Child support in California uses a formula in which his income AND yours are considered.  Obviously if you are contributing to the household he has more disposable income.  "Where one parent is paying spousal support (alimony) to the other parent, the law provides that in determining the basic guideline child support amount, the court will subtract the amount of spousal support from the gross income of the paying spouse, and add that amount to the gross income of the receiving spouse."

    How you file taxes is immaterial.  Why he wants to hide money in a safe is anyone's guess, BUT if he intends to lie in Court about savings/debts/income, you would be an accomplice in fraud.

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