My husband has two kids with his ex, she has one child and we have the other. Does he have to pay child support?
2 attorney answers
DCSS can request an order for child support. You cannot make an enforceable agreement to waive child support. Make sure that the request for child support includes both children. So, if there are 2 children and each parent has 100% custody of one, the percentage visitation is 50% for 2 children. Ask the court to impute the mother with the ability to earn at least minimum wage. If the support calculation uses her income at $0, including the second child can increase his support amount even when she does not have any visitation when he has a large income. Courts will almost never make such an order.
In the State of California, with respect to family law, child support cannot be waived.
In addition, regarding California child support factors, please see and read the following link: www.courts.ca.gov/partners/documents/mainfactorscalcchildsupport.doc