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  1. #1
    Join Date
    Apr 2012
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    4

    Default How is Custody Set When Parenting Time is Equally Divided

    My question involves child support in the State of: California

    My ex and I have been separated for approx. 3.5. At the time of separation, my son was 1 year old. In those 3.5 years, we have no formal agreement but have shared physical custody of 50%. We alternate every other week for 7 days.

    There have been no financial exchanges between us. I pay for my son's health insurance and his home with me and she and her fiance pay for her home when our son is with them - using what methods I have no idea as neither work. We separated due to her drinking but I am unable to prove anything.

    Recently, my ex has filed a child support order on me. I''m going to see an attorney but I'd like to know what my options are in the state of CA.

    She has chosen not to work as there were options but she choose to receive state assistance - of which type, I am not completely aware of.

    Can someone please give advisement as to options of how something like this works?

    Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: We Share 50/50 Custody (Informally) and She is Now Asking for Child Support

    If she is on certain forms of state aid, the state will come to you for reimbursement.

    Even if you have a 50/50 timeshare, you may end up paying child support. You should request though that Mom is imputed at least 40 hours @ min. wage.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Apr 2012
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    4

    Default Re: We Share 50/50 Custody (Informally) and She is Now Asking for Child Support

    BTW, we were not married.

    Sadly, that makes no sense but I suppose they could. It makes no sense because while we have been in a down economy she has been unemployed for the last 3.5 years as well. The average time it takes to find employment does not take that long when actively seeking.

    Her skills were that of Administrative Assistant and she earned $40k working for a defense company but eventually went on disability (it was her drinking but she claimed depression to get those benefits), then unemployment (which was extended), and then state aid.

    What makes no sense is still not having found employment even after all of that aid. I'll pursue the imputed income route when I speak with the lawyer.

    The child support paperwork doesn't even make reference to obtaining a lawyer, etc.. and only says that you have 30 days to fill it out to be considered, etc. I'm going to make sure I see a lawyer, though.

    It really seems to not favor me, though.

    Thoughts?

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: We Share 50/50 Custody (Informally) and She is Now Asking for Child Support

    Is she actually considered disabled as of right now?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Apr 2012
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    4

    Default Re: We Share 50/50 Custody (Informally) and She is Now Asking for Child Support

    She was not every actually listed as 'disabled' for depression. She herself stated that and work put her on the disability list until those benefits eventually ran out. They let her go at some point and she began collecting unemployment.

    I do not believe she is actually considered disabled as of right now but I question what the actual listing really was because she was not at a doctor where the diagnosis would be made either for sustained benefits.

    How could that factor within?

    Thanks.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: We Share 50/50 Custody (Informally) and She is Now Asking for Child Support

    The reason I asked was twofold; first, she cannot legally claim UI if she is disabled and not able to seek work or actually work and second, if she WAS disabled, that income would be used in the child support calculations.

    Given that she's not disabled, you should go ahead and ask that she is imputed at least 40 hours @ minimum wage for the purposes of calculating child support.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Apr 2012
    Posts
    4

    Default Re: We Share 50/50 Custody (Informally) and She is Now Asking for Child Support

    Thanks. I appreciate the information.

    I'm frustrated right now but it'll pass. Hopeful with options at lawyer, etc...

    I support my son very well and I am a bit annoyed with her because she continues to try and cheat the system to not have to go back to work. I can't really change that but I'm just hopeful that enough information can be provided legally that would minimize my support because I really believe she is manipulating the system in a variety of ways.

    People do it all the time, I know, but it just irks me is all and that I will pay more while being challenged at sustaining my living & responsibilities for when he is with me!

    I'm working almost 6-7 days a week to be able to keep my full-time job and even that teeters at times due to time, responsibilities, etc. Like everyone, I worry about my own job as well - so it annoys me to see her not working (nor seeking, getting assistance, and manipulating the system via her, her bf, or use of friends. I just get very aggravated.

    Sorry. It's a vent - I know.

    Regardless, thanks for your help. Any other insight / information is appreciated.

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