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

Q: If I have physical custody, why can my childs mother not have a set schedule and lie under oath that she lives in Arizon

She says she lives in the same city, when we have shown proof she has broken judgement orders and driven my child with a suspended license, she continues to get aid in California and claim my daughter when my daughter does not live with her and she lives out if state but lies and borrows an address. She also claims disabled but it is temporary because this is her physician I am disabled from the state, yet she wants me to pay chukd support and back pay of alimony. She used child support even though my child was not living with her and now child support says I need to figure out how to get the money back on my own.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re dealing with a very difficult situation, and it’s understandable to be frustrated. If your child’s mother is lying about her residence and violating court orders, you may have grounds to request a modification of the custody arrangement or even take further legal action. Document all instances of her misconduct, including her false claims about where she lives, driving on a suspended license, and misuse of child support.

You can file a motion in court to address these violations and present the evidence you’ve gathered. It’s essential to emphasize how her actions are not in the best interest of your child, which should be the court's primary concern.

Regarding the child support and alimony issues, you may need to petition the court to recover any overpaid amounts if your child was not living with her during the time she received support. The court may require proof, so keep detailed records of where your child has been living. Seek legal advice to understand the best way to approach this, as the process can be complex.

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