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My sons father lives at home with his mother but has no rights to my son.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

Posted

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.

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Asker

Posted

he doesnt really have to work... its more of a he doesnt take care of him because he isnt capable of really taking care of him because he does drugs

Posted

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.

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Tobie Brina Waxman

Tobie Brina Waxman

Posted

You, in turn, would simply argue that it is i not Dad's house and although he lives there, he is not present when your son visits and has no responsibility for the care of your son while he is there.

Asker

Posted

yes when i originally went to court i was granted full legal/physical custody with "resonable visitation" i looked up resonable visitation for the state of ca courts and there really isnt any real definition to it..

Posted

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.

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