quick version: a woman filed child support papers for two children against her husband. yes, he had moved out and they will be divorcing. they had not filed legal separation yet or divorce and they came to no agreement on child custody. the court awarded the wife child support... this happened in california...how and why is this legal?
2007-03-26 17:42:01 · 9 answers · asked by ? 1 in Family & Relationships ➔ Marriage & Divorce
he had been paying her $800 every month for the kids and when she filed, they bumped him up to $900 per month. it's not bad, but it still seems unfair. he has the kids two days a week cuz she won't let him have them any more than that
2007-03-26 18:00:19 · update #1
they do that because the children need support (have needs for living expenses) until the divorce is settled.
visitation is a separate issue in court, and handled separate.
CHILD SUPPORT CALCULATOR
http://www.alllaw.com/calculators/childsupport/
YOUR STATES CS POLICY
http://childsupportcenter.org/stateprofiles.php
2007-03-27 05:32:24 · answer #1 · answered by Yvette B yvetteb 6 · 1⤊ 1⤋
It's called an Action to Compel. It's a legal action for support without filing for divorce or separation. Child support agencies do this when married people have not yet filed for divorce. Both parents should be financially responsible for the children. Until there is an order under a divorce case, both parents have equal rights regarding the children (ie custody/placement).
2007-03-27 07:19:01 · answer #2 · answered by maggieliz5 1 · 1⤊ 0⤋
if they are separated and she has the children he helps out financially. It doesn't matter if the divorce is even filed. That is the way it works in CA. If he takes the children more often, he will pay less, that is the way it should be. Why should she be fully responsible financially? They split the cost of raising the children period!
2007-03-26 17:47:23 · answer #3 · answered by my_thoughts 2 · 1⤊ 0⤋
He has the financial responsibility of looking after his children and if he has moved out then they have split regardless of filing for a legal seperation or divorce.
2007-03-26 17:56:59 · answer #4 · answered by jimmy_chick78 4 · 0⤊ 0⤋
because the kids were in her custody at the time...even though not legally seperated, you do not need to be legally seperated for custody. So payment for child support is awarded to the person who has the kids at the time.
2007-03-26 17:49:27 · answer #5 · answered by Anonymous · 1⤊ 0⤋
if the man is not living with her and children and not helping with support for child needs then she has a right since he needs to help out with the children, and yes if would take part in taking care of the kids then child support would be less, also keep track of what he spent on kids to have proof that he is helping out with the childrens needs and health if it comes down to that.
2007-03-26 17:55:56 · answer #6 · answered by Steven W 3 · 1⤊ 0⤋
Simple...he has a legal obligation to provide for his children. If they’ve separated (even if it’s not a legal separation), she can request/be awarded temporary child support.
2007-03-26 17:52:05 · answer #7 · answered by kp 7 · 1⤊ 0⤋
17% of gross income is how they assess your payments a month!
2007-03-26 18:11:16 · answer #8 · answered by Free-Lance 5 · 0⤊ 0⤋
It is California...
It does have not have to make sense..
2007-03-26 17:53:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋