Los Angeles, CA asked in Divorce, Family Law and Child Support for California

Q: Ok my daughter had been living with her dad for 2 years now she lives with me. I requested for cs and he threating me...

California, Ok my daughter had been living with her dad for 2 years and I was helping him with her with no court order involved now she lives with me and I just filed for child support because her dad hardly helps me, now he threating me that he is going to file for me to pay him child support for the time our daughter live with him. Can he do that?

2 Lawyer Answers

A: It sounds like court orders will be needed in this case to alleviate the tension. There is going to be initial tension since it sounds like he is going to contest custody. The father is allowed to file for custody and visitation just like a mother is allowed to. Although the child was living with dad for two years, it sounds like the child is living with mom and dad knows that he will most likely have to pay child support since mom has more time with the child. Once a request for order for child custody and visitation is filed, the court will make orders, and the father will probably get more custody time since it sounds like mom has the substantial and primary timeshare. However, the parents apparently decided that mom will have primary custody, and the reasons for this voluntary change will be important for a judge to know. Knowing where both parents live in relation to each other is important along with the age of the child and many other factors. The father can threaten to ask for child support, but it sounds like the child is living with you. Guideline child support will be calculated. In order to establish guideline child support, two big factors are the incomes of each parent and the timeshare with child(ren). The more time a parent has with the child, it is likely that the parent with less time will have to pay more in child support. However, the incomes of each parent could effect what is owed, in addition to other factors. The father may ask for more time with the child to lower his child support obligation. It may be hard for the father to have you pay him child support since the child is apparently living with you for a substantial portion of the time. Consult with a family law attorney for further analysis.

A: Child support is not ordered retroactively. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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