Q: why didnt the judge ask for any proof from the mother about paying her mom rent for the child to live with her or how mu
child's mother withheld fact child no longer lives with her from me and D.C.S.S. only see's child maybe 2 times a week yet gets 100% time spent with child credit, i get 0% because mom nor child bothered to tell me they moved out of town. i would try to schedule visits with the child but she was always busy with whatever so i never got to spend time with her. (i put that in my declaration). mother claims she pays the child's gma rent for child to stay there. the judge didn't even bring up fraud about child not living with her mom for almost 2 years nor did they ask how much she pays her mom or for any proof of amount paid.. or about how much time spent with child or telling me they moved.. how do i know she isn't just using what i pay to D.C.S.S. to pay gma and not matching what i have to pay monthly ? she also claims shes going through a divorce yet they separated almost 2 years ago. she didn't claim any spousal support on her I & E but will be receiving money from the house when sold
A:
In California, child support decisions are typically based on each parent's income and the amount of time they spend with the child. If the mother's living situation or the actual time spent with the child differs from what was reported, this could affect the child support calculation. However, judges often rely on the information presented to them in court, and if certain facts aren't brought to their attention, they may not be considered in their decision.
If you believe the mother is not being truthful about her living situation, the child's residence, or the amount of time she spends with the child, you can request a modification of the child support order. In your request, you should provide as much evidence as possible to support your claims. This could include any communication regarding visitation attempts, proof of the child's residence, or any other relevant information.
It's also important to note that the process of determining child support and addressing custody issues can be complex and often requires detailed evidence. If you haven't already, consider consulting with a lawyer who can help you navigate the legal system, gather necessary evidence, and effectively present your case to the court.
Remember, the court's primary concern is the best interest of the child, and providing accurate information is crucial for the court to make a fair decision. Taking legal action to rectify any misinformation can help ensure that child support arrangements are fair and reflect the child's actual living and custody situation.
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