Biological dad needs lots of help

I am the biological father of 6 year old girl. We live in CA. My ex is initiating court proceedings to obtain child support, after an arguement we had, and I am looking for some answers from anyone who can help.

There is no established order for child support on file with the court. (Up until now, my ex and I have been able to come to our own agreements for support and visitation.) My ex and I are both married, we both have another child (aside from our daughter) and both are the primary bread winners in our families. Her husband works, and my wife is a full time student (will graduate in 1 1/2 years).

Now my questions:

1) Are visitation/custody rights seperate issues? If so, how can I figure the amount likely to be granted to me? (my daughter lives with my ex.)

2)Since most of the support paid to my ex has been in the form of cash or checks, can this amount be applied to the support that I will be responsible for?

3) While my wife is a student, can the court attach a garnishment against her financial aid? What about her salary after she graduates, can the order be ammended to include it?

I know I am asking a lot of questions, but I have no other resource available to me at this time, and have no place to turn to for advice.

Thank you in advance to anyone who is kind enough to respond.

[I AM ALWAYS LIABLE]

My response:

1) Are visitation/custody rights seperate issues? If so, how can I figure the amount likely to be granted to me? (my daughter lives with my ex.)

Yes, these are separate issues. In all probability, absent any extreme personal problems, you will undoubtedly be awarded "Joint Custody" of the child, with Mom being the custodial parent, and you having set, but unmonitored, visitation rights.

Even if you fail to pay chid support, your ex cannot use that as a bludgeon against you to keep you from seeing your child, per the court orders. However, you will have to answer to the court in a contempt hearing. That's never a good thing.


2)Since most of the support paid to my ex has been in the form of cash or checks, can this amount be applied to the support that I will be responsible for?

Real bad move concerning the cash payments. Never, never, never, a thousand times, never pay by cash. The court will make a "guideline" award for child support.

3) While my wife is a student, can the court attach a garnishment against her financial aid? What about her salary after she graduates, can the order be ammended to include it?

When first enacted in 1992, the guideline permitted courts to consider as a factor rebutting the presumptively-correct formula amount of support the income of a parent's new spouse or nonmarital partner (new mate income) to the extent it helped defray the parent's basic living expenses and thus increased the parent's disposable income available for child support. Effective January 1, 1994, new mate income "shall not" be considered in fixing child support except in specified extraordinary circumstances. [Ca Fam Sec.4057.5(a) & (b)]

Good luck.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited May 09, 2000).]

Effective January 1, 1994, new mate income "shall not" be considered in fixing child support except in specified extraordinary circumstances. [Ca Fam Sec.4057.5(a) & (b)]>>>>

IAAL: Is this effective in every state?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by KimLong:
[b]Effective January 1, 1994, new mate income "shall not" be considered in fixing child support except in specified extraordinary circumstances. [Ca Fam Sec.4057.5(a) & (b)]&gt;&gt;&gt;&gt;

IAAL: Is this effective in every state?[/b]<HR></BLOCKQUOTE>

My response:

No, it's effective in California, which is where you indicated this matter was happening.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."