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  #1  
Old 11-05-2009, 05:44 PM
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Back Childsupport

In California...

Two people get divorced with a baby. Mom takes baby 2/3 of time, Dad 1/3. They agree on equal custody. They verbally agree to try to split all the child's bills 50/50(nothing written). They make very similar amounts. Dad might make a little more. Everything is fine for a year and a half. Mom starts having money trouble. Wants child support now. If Dad says I want 50/50 custody does he have to pay still? Can she seek back child support if there was never any written agreement on it?What is the name of your state (only U.S. law)?
  #2  
Old 11-05-2009, 05:47 PM
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Quote:
Originally Posted by HJ-CA View Post
In California...

Two people get divorced with a baby. Mom takes baby 2/3 of time, Dad 1/3. They agree on equal custody. They verbally agree to try to split all the child's bills 50/50(nothing written). They make very similar amounts. Dad might make a little more. Everything is fine for a year and a half. Mom starts having money trouble. Wants child support now. If Dad says I want 50/50 custody does he have to pay still? Can she seek back child support if there was never any written agreement on it?What is the name of your state (only U.S. law)?
if no support was ordered at the time of divorce, then support would only start on the filing date for modification.

dad wanting 50/50 does not always get rid of the support issue. dad filing for 50/50 AFTER mom files for support, WILL be noticed by the judge. and doesn't make the judge smile.
  #3  
Old 11-05-2009, 05:49 PM
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Quote:
Originally Posted by HJ-CA View Post
In California...

Two people get divorced with a baby. Mom takes baby 2/3 of time, Dad 1/3. They agree on equal custody. They verbally agree to try to split all the child's bills 50/50(nothing written). They make very similar amounts. Dad might make a little more. Everything is fine for a year and a half. Mom starts having money trouble. Wants child support now. If Dad says I want 50/50 custody does he have to pay still? Can she seek back child support if there was never any written agreement on it?What is the name of your state (only U.S. law)?
Mom can file for child support and it will generally be backdated to the date of filing only - not before then.

Why is Dad only now wanting 50/50? Is it coincidental to Mom wanting child support?
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  #4  
Old 11-05-2009, 05:53 PM
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What actual time share were they practicing when mom filed for a custody support change? What status quo had been established as to time share?
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  #5  
Old 11-05-2009, 06:00 PM
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When the child was young Mom actually wouldn't allow 50/50 even though the paper work stated it, saying the child was too young to be away from the Mom for very long. Custody has been close to 50/50 lately because of the causal agreement and swapping schedules. It would be one's word against the other how much time the child spends with each.
  #6  
Old 11-05-2009, 06:04 PM
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Originally Posted by HJ-CA View Post
When the child was young Mom actually wouldn't allow 50/50 even though the paper work stated it, saying the child was too young to be away from the Mom for very long. Custody has been close to 50/50 lately because of the causal agreement and swapping schedules. It would be one's word against the other how much time the child spends with each.
what is the actual wording of the court order in regards to visitation?
  #7  
Old 11-05-2009, 06:10 PM
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They never went to court, the divorce paperwork just says "shared custody"
  #8  
Old 11-05-2009, 06:12 PM
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Originally Posted by HJ-CA View Post
They never went to court, the divorce paperwork just says "shared custody"
was it signed by a judge?


i betted 9:10, doggie!!! where's my drink!
  #9  
Old 11-05-2009, 06:28 PM
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If that's normal then probably, I am not sure. This was a typical uncontested divorce.
  #10  
Old 11-05-2009, 06:32 PM
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Originally Posted by HJ-CA View Post
If that's normal then probably, I am not sure. This was a typical uncontested divorce.
unfortunately, we are unable to do "probably". makes it harder to help, you know?


can you have dad sign in so we can clarify information?

third parties are harder to ask questions from. kind of like sending my dad in to my obgyn exam.
  #11  
Old 11-05-2009, 06:38 PM
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So does the 50% time share that dad is now filing to make formal represent the approximate status quo they have been sharing?
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  #12  
Old 11-05-2009, 06:45 PM
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Originally Posted by nextwife View Post
So does the 50% time share that dad is now filing to make formal represent the approximate status quo they have been sharing?
I thought Mom had baby 2/3 of time?

(Per first post?)
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
  #13  
Old 11-05-2009, 06:47 PM
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Originally Posted by Dogmatique View Post
I thought Mom had baby 2/3 of time?

(Per first post?)
that's what the legal stranger said**************
  #14  
Old 11-05-2009, 06:49 PM
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Quote:
Originally Posted by Dogmatique View Post
I thought Mom had baby 2/3 of time?

(Per first post?)
Yes, when they divorced. That may have changed over time.

"HJ-CA When the child was young Mom actually wouldn't allow 50/50 even though the paper work stated it, saying the child was too young to be away from the Mom for very long. Custody has been close to 50/50 lately because of the causal agreement and swapping schedules. It would be one's word against the other how much time the child spends with each."
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Last edited by nextwife; 11-05-2009 at 08:57 PM.
  #15  
Old 11-05-2009, 06:51 PM
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Quote:
Originally Posted by IsabellaSoriano View Post
was it signed by a judge?


i betted 9:10, doggie!!! where's my drink!
Smartypants
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
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