Child Support/Custody

[JPH13]

What is the name of your state (only U.S. law)? California

My ex wife and I divorced in 2001. The divorced was processed in Oregon where she lived along with the child custody/support payments. I am in the military and lived in California. I still reside in California.

My oldest son moved in with me last year. I continued to pay my ex the stipulated child support for three kids. He is now 18.

My daughter, who is 13, moved in with me this summer. My ex kept my middle son who is 17. She was trying to get him into JobCorps, but that fell through. She then made arrangements for him to live with her second exhusbands family. My daughter was visiting for the summer, when my wife called and said that she would not take her back....she could not afford it, my daughter would not listen....etc. I thought it would be much better for my daughter to live with me, so she stayed. Myself and exwife agreed that I would have my daughter, my middle son would be in JobCorps so there would be no more child support payments from me.

She called me a week ago demanding child support payments.

My question is what do I need to do to change custody and get child support from her? Do I need to get a lawyer as well?


Thanks for your help

 

[LdiJ]

What is the name of your state (only U.S. law)? California

My ex wife and I divorced in 2001. The divorced was processed in Oregon where she lived along with the child custody/support payments. I am in the military and lived in California. I still reside in California.

My oldest son moved in with me last year. I continued to pay my ex the stipulated child support for three kids. He is now 18.

My daughter, who is 13, moved in with me this summer. My ex kept my middle son who is 17. She was trying to get him into JobCorps, but that fell through. She then made arrangements for him to live with her second exhusbands family. My daughter was visiting for the summer, when my wife called and said that she would not take her back....she could not afford it, my daughter would not listen....etc. I thought it would be much better for my daughter to live with me, so she stayed. Myself and exwife agreed that I would have my daughter, my middle son would be in JobCorps so there would be no more child support payments from me.

She called me a week ago demanding child support payments.

My question is what do I need to do to change custody and get child support from her? Do I need to get a lawyer as well?


Thanks for your help

If you didn't modify the order when your daughter moved in with you, you still owe your ex the ordered amount of child support until the order is modified.

If your son is 17, he is still a minor and you are still obligated to support him at least until he is 18.

Therefore, the only modification that you are going to get, is a recalculation based on you owing support for one child, and mom owing support for the other.

If your income is higher than mom's that means that you are going to be the one paying some child support.