• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Custodial parent all this time and may have to pay child support?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? CA
I left my ex 9 months ago, taking our 2 year old son with me.
He was going through some sort of mental imbalance, was very aggressive, drinking heavily and using drugs. The medical records have been subpoenaed (sp?) and show all of this.
My ex has now been clean for 4 months and is wanting joint custodies with at 50% of time with our son. He earns less than I do.

I have two questions:

It is my understanding that if the judge rules in his favor, I may have to pay him child support?

What is the likelihood of him getting 50% time with our son given his recent issues with drug abuse, alcohol abuse and anger problems (I have a r. order against him...he has threatened to slit my throat and bury me in the desert)?

It just doesn't seem consistent that I moved myself and our son away to protect us from this man's destructive behaviors, he cleans up for 4 months and may get joint custodies, spousal support and child support.
Please lend perspective.
 


Want to add...

...and OF COURSE I want my child supported if he's at his dad's house. If I remember to look at it in that light, paying support to dad is easier to swallow.
He earns less than I do by his own hand though. He has a degree just like I do and state licenses that he is not using. His earning capacity could push to a 6 figure income whereas I make a teacher's salary.
 

VeronicaGia

Senior Member
The way CA works is this: The net income of both parties are taken into consideration along with the % of visitation. If custody is split, it is very possible that the higher earning parent will pay the lower earning parent based on the calculations, meaning the CP could pay the NCP.

As you know, no one here can tell you what a judge will decide. Your divorce is new, the ex could blame his mental incapacity on the divorce, and it may be obvious that you were married to him while he was involved with drugs. A judge may wonder why it was ok for him to do drugs when you were married, but now you've decided it's not ok.
 
I left because of the drugs and mental incapacity...

I have documentation and the doctor's records clearly show that my ex's drug problems amplified and the mental problems surfaced just months before I made my escape.
He can't blame the mental issues on the divorce. It's all in black and white.
Of course you're right in that I was married to him while he resumed his drug use (he had a history of drug abuse before I met him), but I left. It was not okay for our baby and I to be around that. I never approved...it was never okay. I trusted that this person had changed his life as he said. He lied about so many things.
Do you think a court would be likely to award joint physical custody (and 50% of it) to him considering the recent past?
Will the judge decide the percentage of visitation?
 
Last edited:

VeronicaGia

Senior Member
Darling, once again, I cannot tell you what is likely to be ordered. There is just no way to do that. I am not privy to all the details of the case, I am not a judge. No one here can tell you what will or will not happen. If the judge finds it is in the best interest of the child to have a 50/50 arrangment, that is how the judge will rule. If the judge finds either one of you to be the better choice, that is how the judge will rule.
 
Thank you...

I'm so sorry to press for an answer regarding a judgement...you're right..there is no way to know that.
It's my nerves about this whole situation.
The judge will decide how much visitation (percentage wise) is in the best interest of our child and I guess that no matter what is decided, it will be okay as long as our child is okay.

Thank you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top