very difficult...help

[theunkownguy]

This is all in California.

So my friend has been divorced for about 1 year now. Her husband who is a highly paid professional got custody of the 10 year old and the mom sees her child every other weekend. They agreed in court not to file child support and the mom agreed to not file any spousal support/alimony or take any pensions.

Fast forward...the mom just received a notice from the local court that the ex husband is filing for child support.

Question. He makes a lot of money and the mom makes much less. She only sees her child 4 days a month if that. Will this case float for child support? Also, if she re-marries will that cause even more issues?

Thanks for the help...

 

[stealth2]

Both parents should be supporting the child. So yes, it is likely that she will be ordered to pay something.

 

[mistoffolees]

This is all in California.

So my friend has been divorced for about 1 year now. Her husband who is a highly paid professional got custody of the 10 year old and the mom sees her child every other weekend. They agreed in court not to file child support and the mom agreed to not file any spousal support/alimony or take any pensions.

Fast forward...the mom just received a notice from the local court that the ex husband is filing for child support.

Question. He makes a lot of money and the mom makes much less. She only sees her child 4 days a month if that. Will this case float for child support? Also, if she re-marries will that cause even more issues?

Thanks for the help...

Their agreement is not enforceable. Dad is free to file for child support even though he originally agreed not to. It is not uncommon for the non-custodial parent to pay CS even if they earn a lot less than CP - particularly when they only see the child a few days a month.

Google 'child support calculator california' and plug in the numbers to see how much the court is likely to order her to pay.

 

[Proserpina]

Before the question is asked - Mom likely cannot go back and request spousal support, either.

 

[LdiJ]

Before the question is asked - Mom likely cannot go back and request spousal support, either.

This is actually a little sad. Mom agreed to no spousal support and no retirement asset division in exchange for no child support and now dad is reniging. Legally, its completely valid, but morally its repugnant to me, and would be even if the genders were reversed.

 

[Proserpina]

This is actually a little sad. Mom agreed to no spousal support and no retirement asset division in exchange for no child support and now dad is reniging. Legally, its completely valid, but morally its repugnant to me, and would be even if the genders were reversed.

Bali is going to love this thread.

And regardless of gender, I'd say "savvy Ex". Not "nice" perhaps, but savvy.

Let this be a lesson to all - if your Ex has money and/or an attorney? YOU need an attorney.

 

[TheGeekess]

This is actually a little sad. Mom agreed to no spousal support and no retirement asset division in exchange for no child support and now dad is reniging. Legally, its completely valid, but morally its repugnant to me, and would be even if the genders were reversed.

RENEGING.

 

[Ohiogal]

This is actually a little sad. Mom agreed to no spousal support and no retirement asset division in exchange for no child support and now dad is reniging. Legally, its completely valid, but morally its repugnant to me, and would be even if the genders were reversed.

And legally mom was stupid and never should have made that deal. So just because mom made a bad deal because she CHOSE TO MAKE A BAD deal, that matters not. Maybe mom should have been thinking a bit better and acting a bit more intelligently.

Oh and you cannot make that deal for no child support -- not legal, not able to do so, and so on and so forth. MOM was an idiot. But she still has to support HER child -- you know, the one she helped create.

 

[TinkerBelleLuvr]

Depending on how big of a discrepancy of their income, if the CP makes significantly more money than the NCP, it is possible for the CP to have to pay the NCP child support.

 

[Proserpina]

Depending on how big of a discrepancy of their income, if the CP makes significantly more money than the NCP, it is possible for the CP to have to pay the NCP child support.

When the NCP sees the child only 4 days a month?

 

[mistoffolees]

When the NCP sees the child only 4 days a month?

Actually, yes. CP would have to have MUCH higher income than NCP, but it can happen in CA if NCP even has a couple of days a month (assuming the court follows guidelines).

 

[Proserpina]

Actually, yes. CP would have to have MUCH higher income than NCP, but it can happen in CA if NCP even has a couple of days a month (assuming the court follows guidelines).

Gotta love California.

 

[mistoffolees]

Gotta love California.

Actually, most states with time share in the CS calculations can get to the point where NCP collects child support even with very limited visitation.

Once again, though, you have to assume a very high income for CP and very little income for NCP to make it work out that way.

 

[theunkownguy]

The sad thing is the mom pays huge money every other weekend to fly her child out and then back home. She spoils him the best she can with her income and is ALWAYS willing to give the ex money when needed; just ask.

He's just trying to prove a point now and she's getting screwed by how laws are written. He paid a lot in lawyer fees to get it this way and she had no means to afford a lawyer. She's the best mom she can be and truly doesn't deserve this. This is a lesson to anyone reading, please fight your hardest tooth and nail and never trust the other side.

Thanks for all your help guys...and input.

 

[Ohiogal]

The sad thing is the mom pays huge money every other weekend to fly her child out and then back home. She spoils him the best she can with her income and is ALWAYS willing to give the ex money when needed; just ask.

He's just trying to prove a point now and she's getting screwed by how laws are written. He paid a lot in lawyer fees to get it this way and she had no means to afford a lawyer. She's the best mom she can be and truly doesn't deserve this. This is a lesson to anyone reading, please fight your hardest tooth and nail and never trust the other side.

Thanks for all your help guys...and input.

No. She is getting screwed due to HER choices, her decisions and her ignorance.