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Mom pays child support?

Asked Jul 5, 2012, 03:17 PM — 5 Answers
My child and I separated last week, we were never married) and I have physical custody (not court ordered) of my son. I make $5k month and he makes 1400/month. We have been together for 4 yrs. in which he has not mauntained a job consistently, did no provide for our son financially while we were together, an has had oppotunities to better his life (finish college) w/out success. He was dismissed academically from the last school he attended. I have managed to pay all our bills and provide financial support for our son. We live in CA. So can he file for child support or custody when he has nmwver been able to provide financial support do our child or his family in the past?

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smoothy's Avatar
smoothy Posts: 15,494, Reputation: 10703
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#2

Jul 5, 2012, 03:20 PM
Quote:
Originally Posted by Lisasmith12 View Post
My child and I separated last week, we were never married) and I have physical custody (not court ordered) of my son. I make $5k month and he makes 1400/month. We have been together for 4 yrs. in which he has not mauntained a job consistently, did no provide for our son financially while we were together, an has had oppotunities to better his life (finish college) w/out success. He was dismissed academically from the last school he attended. I have managed to pay all our bills and provide financial support for our son. We live in CA. So can he file for child support or custody when he has nmwver been able to provide financial support do our child or his family in the past?
Over course....why SHOULDN'T the mother pay it if she made more money than the father did.

Don't you just love equal rights? The same argument can be made by the fathers for MANY, MANY mothers out there....but they have to suck it up and pay it.
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Lisasmith12's Avatar
Lisasmith12 Posts: 4, Reputation: 1
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#3

Jul 5, 2012, 03:22 PM
Quote:
Originally Posted by smoothy View Post
Over course....why SHOULDN'T the mother pay it if she made more money than the father did.

Don't you just love equal rights? The same argument can be made by the fathers for MANY, MANY mothers out there....but they have to suck it up and pay it.
If the child is physically in my custody. I will pay child support to him?
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GV70's Avatar
GV70 Posts: 2,878, Reputation: 1431
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#4

Jul 5, 2012, 03:26 PM


Have a look here
CA Codes (fam:4050-4076)

(5) If the amount calculated under the formula results in a
positive number, the higher earner shall pay that amount to the lower
earner. If the amount calculated under the formula results in a
negative number, the lower earner shall pay the absolute value of
that amount to the higher earner.
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Lisasmith12's Avatar
Lisasmith12 Posts: 4, Reputation: 1
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#5

Jul 6, 2012, 07:02 PM
Quote:
Originally Posted by GV70 View Post
Have a look here
CA Codes (fam:4050-4076)

(5) If the amount calculated under the formula results in a
positive number, the higher earner shall pay that amount to the lower
earner. If the amount calculated under the formula results in a
negative number, the lower earner shall pay the absolute value of
that amount to the higher earner.
GV70,

Thanks for providing me the CA law support. Can you please provide me any support for the following question and/or advice.

My child's father found a room to rent over the Internet 3 days ago and would like to take my son for the next 7 days but will not provide me or my family with the address where he and my son will be living. Can he do that? Do I have to let my child go?

Thanks!
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AK lawyer's Avatar
AK lawyer Posts: 9,922, Reputation: 4212
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#6

Jul 6, 2012, 07:35 PM
Quote:
Originally Posted by Lisasmith12 View Post
My child and I separated last week, we were never married) ...
You mean, I assume, your "child's father and [you] separated ..."?

Quote:
Originally Posted by Lisasmith12 View Post
If the child is physically in my custody. I will pay child support to him?
100% in your custody? No.

Quote:
Originally Posted by Lisasmith12 View Post
... My child's father ... and would like to take my son for the next 7 days but will not provide me or my family with the address where he and my son will be living. Can he do that? Do I have to let my child go?
...
Unless he has an order giving him specific custody rights, no. On the other hand, without such an order, he wouldn't have to give the child back to you either.
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