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View Full Version : Am I obligated to pay child care on top of child support in Orange County California?


eddiemillan1
Feb 5, 2013, 09:22 PM
Am I obligated to pay child care on top of child support for 1 child in Orange County California?

dontknownuthin
Feb 5, 2013, 09:39 PM
Probably. I'm not familiar with California but in the three states I am familiar with, child care expenses are above and beyond child support.

AK lawyer
Feb 6, 2013, 07:27 AM
What does the child support order say?

ScottGem
Feb 6, 2013, 10:46 AM
You are obligated to pay what the child support and custody orders say you should pay.

cdad
Feb 6, 2013, 01:11 PM
Yes you must pay 1/2 medical expenses and child care expenses when you are presented with the bill or have made some other arrangement.

eddiemillan1
Feb 7, 2013, 08:20 PM
I have a temporary custody order. Can I give my child's mother full costody?
And if so what other finansial obligations will I be facing?

I pay almost $1,000 monthly at this time which includes 400 for child care. I also have my child under my medical and dental inssurance.

If I give my daughters mom full custody will I need to keep her under my inssurance?
Also: will I still need to pay for child care or will that be included in the child support amount?

Will the courts calculate a fair amount according to them or will they go by what the mother wants?

I don’t have a child support case opened. Both I and my daughter’s mom agreed to a specific amount which I've been keeping up 100% without any flaws.

With current insurance and tax increases I now make a lot less take home money and cannot be paying the amount we agreed on.

2 things:

1. How do I make a change with the amount to pay for child support?
Keep this in mind: My daughter’s mom is very difficult to work with and seriously think she suffers from bi-polar disorder syndrome.
Can the courts help with the adjustment? If so, what’s the first step I should take?

2. Due to some unfortunate personal events I will be forced to give my daughters mom full custody.
I'm aware that I still need to provide for my daughter financially but will the courts re-evaluate and decide a fair amount that will not put me out on the streets because I can’t afford my necessities due to the high child support amount

GV70
Feb 7, 2013, 11:59 PM
Generally child support is calculated under state child support guidelines. All states have their own guidelines.



It depends on which state has jurisdiction.

ScottGem
Feb 8, 2013, 04:14 AM
If you have primary physical custody, then why are YOU paying support? But no, you can't just "give" custody to the other parent. This has to go through the courts. You may be able to cede physical and possibly legal custody to the mother. But this is unlikely to affect your obligation to support the child. In fact it may increase it if the child will not be in your care a significant percentage of time.

This is all subject to local laws and the court's decisions.

P.S. please don't post multiple threads on the same issue. I've merged your 2 threads. If you have aany follow-up, please reply to this thread.

Fr_Chuck
Feb 8, 2013, 06:01 AM
If you have custody, even temp, and it is though the courts, she should be paying you child support, not you her.

But you can not just give it, she will have to file a motion to ask for full custody.

It will be up to what she asks for but
1. you provide insurance ( is common)
2. you pay for 1/2 of child care and medical costs not covered by insurance ( is common)
3. you pay child support as a percent of your income, many states also look at how much time each parent has child, so if child is always with mother, she may get additional support payments

And I dare ask, what about love, who loves the child and wants the child with them.

eddiemillan1
Feb 9, 2013, 09:56 AM
I'm still confused on where to start on the following process:

I currently have my daughter every other weekend but have desided to give my daughters mom full custody but I want to continue to tend to my financial obligation for my daughters well being.
What is the first step I should do to get this started?
How flexible are the courts of Orange County, CA with child custody?


A little background on my case:
There's a temporary custody order in place with the courts of Orange County, CA which state what we are following: Me having child every other weekend and alternating holidays.

She placed a child support order but then canceled it since we desided on a specific amount on our own. I've been paying almost $1000 monthly and have not missed a payment ever. I'm aware that the amount might change since my daughter will be spending less time with me, but can the courts provide an estimate on how much I will need to pay with my daughters mom having full custody and me having her 0%? I want to set an amount in my financial budget so I can plan accordingly for this change.

Fr_Chuck
Feb 9, 2013, 10:00 AM
Please stop starting new questions on same subject

I have tried to merge your four questions, they all deal with same issue.

To add more info, answer your own question to add the info

ScottGem
Feb 9, 2013, 10:41 AM
You can find any number of child support calculators online that will give you an idea of what your support obligation will be.

Also, help if you understood what you have. The mother has primary physical custody with you having visitation. You have joint legal custody under a temporary custody order.

When the temporary order was issued, was there a time frame on when it would be reviewed?

eddiemillan1
Feb 9, 2013, 10:54 AM
First, ANY question on law needs to include your general locale as laws vary by area. : Orange county California

Second, what is the current custody arrangement and what court orders exist. : Father has child every other weekend and alternationg holidays

Third, why do you want to do this? : The mother wants full custody and I feel its best for my child.

We need to know more about your situation to give you a proper answer.

JudyKayTee
Feb 9, 2013, 11:14 AM
You can give her full custody; however, that does not change your obligation to support the child.

eddiemillan1
Feb 9, 2013, 11:52 AM
You can give her full custody; however, that does not change your obligation to support the child.


I understand my support obligation.
How flexible is the orange county, ca courts to adjuts the custody?

Can I file and get this granted uppon my request or do I need to show why I need this and the court will determine if I can give her the custody or not?

ScottGem
Feb 9, 2013, 02:02 PM
If you would have kept to one thread you might have seen the answers to your questions. Please keep all future follow-up as replies to this thread.

Child support is based on income and prescribed by law. Judges have some flexibility to increase support in high profile cases involving high income families, but generally can't reduce support below statutory limits.

If you want to cede physical or even legal custody to the mother the courts will not stop you.

eddiemillan1
Feb 9, 2013, 05:33 PM
If you would have kept to one thread you might have seen the answers to your questions. Please keep all future followup as replies to this thread.

Child support is based on income and prescribed by law. Judges have some flexibility to increase support in high profile cases involving high income families, but generally can't reduce support below statutory limits.

If you want to cede physical or even legal custody to the mother the courts will not stop you.

Thanks for the info
Its very much apresiated and helpful

eddiemillan1
Mar 15, 2013, 08:57 PM
I pay child support and have my child in my dental and medical inssurance.
Am I still liable/responsable to pay the out of pocket dental/medical expenses under Orange county California child support laws?

teacherjenn4
Mar 15, 2013, 09:06 PM
What does your child support order specify?

eddiemillan1
Mar 15, 2013, 09:08 PM
It doesn't spesify anything about me needing to pay any out of pocket expenses

But I have her requesting me at this time to pay her 1/2 of what she needs to pay for my child's dental needs.
My child is 4 now and is with me only every other weekend.
I totally care for her teeth and all other hygiene needs when she is with me but her mother doesn't take care of her teeth as I do and noe she wants me to be responsible for her neglecting issues with my daughter... What the heck?
So do I need to pay the out of pocket expenses or just have her go to cort and request this to be on the record?
Will the judge grant her the request or are the courts pretty fair in where they just look at how much I make per year/month/pay period?

In total she's requetign me to pay $1,000

talaniman
Mar 16, 2013, 04:01 PM
Haven't you gotten a court date yet to handle your business? Then she can't keep throwing things at you and freaking you out, and you would have to keep making new threads every time she does.

Then you don't have to make agreements as you go. Need a lawyer?

cdad
Mar 16, 2013, 05:40 PM
it doesnt spesify anything about me needing to pay any out of pocket expenses

But I have her requesting me at this time to pay her 1/2 of what she needs to pay for my child's dental needs.
My child is 4 now and is with me only every other weekend.
I totally care for her teeth and all other hygiene needs when she is with me but her mother doesn take care of her teeth as I do and noe she wants me to be responsable for her neglecting issues with my daughter... What the heck?
So do I need to pay the out of pocket expenses or just have her go to cort and request this to be on the record?
Will the judge grant her the request or are the courts pretty fair in where they just look at how much I make per year/month/pay period?

In total she's requetign me to pay $1,000


You are responsible for 1/2 of the expenses not the total expense. Also this needs to come without surprises. She needs to keep you posted and discuss what is happening. Have you spoken to the dentist? What is the issue? It sounds like a lot of money for baby teeth. So what is really going on?

She is not allowed to bury you in expenses. PERIOD!!