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

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

Posted

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 advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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Posted

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 intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

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Posted

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 not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship with Katherine C. Wu, Esq.

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