Skip to main content

My sons father lives at home with his mother but has no rights to my son sees his grandmother on the weekends.

Torrance, CA |

how will child support be based if my sons father lives with his mother however my son goes over there every weekend but his dad is never there all weekend. i want to start getting current support for my son and he doesnt take care of him at all when my son is at his grandma's house will he still recieve time sharing for the time my son is at his grandmothers house because he does live with his mom? how will his time be based when i am trying to use to calculator just to get an estimate

Attorney Answers 3

  1. It is based upon the time the child is in the parent's care regardless if they are actually there or not. Sometimes the child with siblings or other relatives and the parent has to work and that is acceptable.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456

  2. Dad would need a court order indicating that he has a certain percentage of custodial time with the son for it to be factored into the calculation. Child support calculations take into account each parent's income and the percentage of time each parent has custody of the child. Visitation is not custody. In your case, Dad could argue that the weekend your son spends at Grandma's (the same house in which Dad lives) constitutes custody. He could, for example, claim that your son spends 2 days each week (8 days per month) living at his home and that the calculation should take that into account. 8 days per month/96 days of the year is about 20% custody.

  3. Most likely, your husband will be given credit for the weekends, even if he leaves the child with grandma all weekend. As a member of father's family, grandma gets to have time with your son. Your time share is roughly 23 percent. Depending on your judge, you may be able to get the court to give Dad less time with your son on weekends if he in fact doesn't bother to see him. But you need to prove that to the judge. Also, the judge probably will consider allowing gradnma some time, unless there is something wrong with her.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics