How can education effect self employed Custodial Parent attempt to stop NonCustodialParent from modifying Child support

Asked 11 months ago - Long Beach, CA

We have toddler together. He just started visits a month ago. The same day he was granted a temp visitation order, he filed for child support modification. In the order he claims reduced wages due to less hours and I have ability to earn minimum wage.
I am self employed and my schedule is family modified for the baby. Income really low $400 mo but bills ($1500) paid (by others). I have subsidized housing assistance. One of the forms ask about education and income. Income has been low for years. I am educated, however. How will this effect my fight against CS modification?

Attorney answers (3)

  1. Alexandra Rachel Lavinsky

    Pro

    Contributor Level 13

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    Lawyers agree

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    Answered . This is a complicated question with a lot of case law that is relevant. The bottom line is that both parties have a duty to support their children. If the court finds that you should be working and that you could be working, both of which the other party must prove up, then the court could impute to you the amount that it believes you could earn for purposes of determining child support. However, since you are the primary caretaker and the child is a baby, it is unlikely that the court would impute income for the custodial parent since the result would be a denial of proper support for the minor child.

    The information and material are provided for general informational purposes only and are not intended to be legal... more
  2. Wail Sarieh

    Pro

    Contributor Level 18

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    Lawyers agree

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    Answered . I agree with Ms. Lavinski and would add only that the court may consider repeated gifts from family over extended period of time (the $1500 paid by others) as your income.

    This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not... more
  3. Katherine Chilin Wu

    Contributor Level 7

    1

    Lawyer agrees

    Answered . I agree with my colleagues, but I'd like to know more information about this case. It appears you already have an order -- did you finish your education before that order was rendered? Your best bet is to consult with a family lawyer who can help you with your child support case. Best of luck to you.

    Katherine C. Wu, Esq. is licensed to practice law in the State of California. Please note that this answer does... more

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