Q: Can child support enforce a sum amount appon a vilation of a court order?
I recently was granted split sole and physical custody of my child. Due to Mother not showing up to court the judge left to both parties to find a schedule of my daughter. Mother is not willing to comply with the new court order. I am scheduled to go back to court to enforce a schedule. also, there is a MOD for child support. The child support is based on the previous visitation rights and is wanting to increase my payment by over 75%. Can child support enforce this amount base on mother not wanting to follow a court order? and can I combine my court date with the child support court date?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (510) 841-6164
- View Profile
- Answered
A:
The short answer is no.
All orders are issued by the Court and any modifications must be made by the Court.
Marc David Pelta agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Child support and custody are separate legal matters, but they often influence each other significantly. You can request to combine your court dates by filing proper documentation with the court clerk, which could save time and provide better context for both issues.
The child support calculation typically considers the actual time-share between parents, not just what's written in orders. If the mother isn't following the custody order, you should document all instances of non-compliance and bring this evidence to court. The judge can then consider the actual parenting time when determining child support amounts, rather than using outdated visitation schedules.
The court has various enforcement tools available when someone violates custody orders, including making compensatory time adjustments, ordering makeup visitation, requiring parenting classes, or even imposing monetary sanctions on the non-compliant parent. You might want to consider filing for contempt of court due to the violation of the custody order, which could affect the child support modification hearing. Before your court date, gather detailed records of attempted visits, communications with the mother, and any other evidence showing her non-compliance with the current order.
Marc David Pelta agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
