How is child support determined? Do they look at the whole picture?

[Query1234]

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

Father has not paid child support in 1 1/2 years. He pays for everything else - tuition, any other education related expenses, insurance, etc. The court stipulates that both parties are to pay 50% of all expenses. The mother refuses to pay and has not paid her half for over 5 years. So father has not paid her child support ($200/mo).

If the mother were to go back to court to amend child support, would court look at the fact that she has not paid a dime in tuition or anything else in the past 5 years into account? Tuition ranges in $15,000-$17,000 total for the two minor children which the father has been paying (even though the court mandated that the kids go to the private school they both agreed to send them).

Do the courts look at the whole picture, or just strictly whether he has paid child support or not? He now makes significantly more than when they first set the amount and she used to work but has been voluntarily unemployed for the past 3 years. She has a second husband that supports her.

Would appreciate any legal advice on how child support is determined. No bashing please. Thank you.

 

[haiku]

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

Father has not paid child support in 1 1/2 years. He pays for everything else - tuition, any other education related expenses, insurance, etc. The court stipulates that both parties are to pay 50% of all expenses. The mother refuses to pay and has not paid her half for over 5 years. So father has not paid her child support ($200/mo).
Father is wrong. If the court order stipulates child support and other expenses, he needs to follow it. he cannot decide he is not going to pay child support in exchange for paying the full expenses. He should have gone back to court to get mother to pay her half of the court ordered expenses

If the mother were to go back to court to amend child support, would court look at the fact that she has not paid a dime in tuition or anything else in the past 5 years into account? Tuition ranges in $15,000-$17,000 total for the two minor children which the father has been paying (even though the court mandated that the kids go to the private school they both agreed to send them).If mother were to take him to court for unpaid support father could ask for reimbursement, but my crystal ball is missing right now

Do the courts look at the whole picture, or just strictly whether he has paid child support or not? He now makes significantly more than when they first set the amount and she used to work but has been voluntarily unemployed for the past 3 years. She has a second husband that supports her.
If he is not paying child support he is WRONG. He needs to start paying NOW, and take mom to court for his share of the school expenses. her second husband has no bearing on her obligations

Would appreciate any legal advice on how child support is determined. No bashing please. Thank you.

google ca child support guidelines

 

[StampGirl]

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

Father has not paid child support in 1 1/2 years. He pays for everything else - tuition, any other education related expenses, insurance, etc. The court stipulates that both parties are to pay 50% of all expenses. The mother refuses to pay and has not paid her half for over 5 years. So father has not paid her child support ($200/mo).

If the mother were to go back to court to amend child support, would court look at the fact that she has not paid a dime in tuition or anything else in the past 5 years into account? Tuition ranges in $15,000-$17,000 total for the two minor children which the father has been paying (even though the court mandated that the kids go to the private school they both agreed to send them).

Do the courts look at the whole picture, or just strictly whether he has paid child support or not? He now makes significantly more than when they first set the amount and she used to work but has been voluntarily unemployed for the past 3 years. She has a second husband that supports her.

Would appreciate any legal advice on how child support is determined. No bashing please. Thank you.

A few Questions:

1. Does the court order mandate that the children attend this EXPENSIVE private school?

2. Does the court order mandate that the tuition expense be split 50/50?

3. EXACTLY what does the court order specify as expenses to be split 50/50??

Dad was WRONG to not pay child support!!! If Mom goes back to court for non-payment, Dad will owe back support(arrears) and interest.

Dad SHould have taken Mom to court for failure to pay 50% of expenses.

My crystal ball says that YOU are the new wifey in the situation. Your nose is somewhere it does not belong. Let your husband/boyfriend whatever he is, deal with his OWN situation which is going to cost him $$$ becasue he stopped paying child support.

ETA: CA has strict Child Support guidelines. They are very consise and followed for the most part, very well. If your hubby has had a significant increase in pay, then he is going to end up paying more than the original order PLUS any interest and arrears that he already OWES. Stupid stupid to stop paying the court order!!!! Loook for CA to take away the drivers license and any other license if and when Mom files for failure to pay support.

Also on the subject of Mom's new husband: WHO CARES??????????? Obviously if Dad isn't paying child support, then the new hubby is supporting the kids.

 

[Query1234]

Thanks

Haiku - thanks for your advice. I appreciated you letting me know the facts and also showing me where I can find further information. Thanks for providing the legal advice which is what I had requested.

As for the other poster, I did not ask for your opinion, just legal advice. If you are unable to provide advice without your own judgments, then don't respond. It really doesn't matter whether I am the new wifey or not. I had a question that needed answering - period. You do not know the situation nor me so please do not make any assumptions. If you want to make a value judgment then go to another forum. With that said, thanks for the part of your post that did refer to the law.