Bakersfield, CA asked in Family Law, Child Custody and Child Support for California

Q: What does it mean if my ex wife filed a 529 form while we have a child custody court case open?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:

• Form 529 is used in California family court to request orders related to child custody and visitation, child support, spousal support, and other relief.

• By filing this form, your ex-wife is asking the court to issue new orders regarding custody that may be different than current temporary orders.

• She may be seeking sole or joint physical custody, sole or joint legal custody, a specific visitation schedule for you and the children, and modification of child support based on custody.

• The request will be decided on by the judge as part of adjudicating your open child custody case.

It's important you carefully review what she is requesting in the 529 filing and prepare to address her requests. You can file a responsive declaration outlining your position on custody and support arrangements. Consulting your divorce/family attorney to understand the filing and prepare your case is highly advisable. The open court case is the venue where custody will now be litigated and ordered.

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