Child Custody,Visitation/ Child Support

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KevinDgalvez

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My husband has been trying to establish a relationship with his son, Custody/Visitation. He had court Monday Jan. 13, the order we received regarding the step up program has a "claus" in it to where it's at the mother's discretion to increase visitation from step 2 and on. The mother made him seem like a dead beat, when this is not the case. The mothers attorney (if this matters ) used to work in the DA's office with the Judge who reviewed his (my husband's) case. I have done all I can do... the mother also requested child support (which is fine) but they based it on an income that he doesn't have! I'm not working, we receive Food Stamps and I'm dependent on him. He needs a attorney or advice... he has a hearing on Mar. 4th regarding child support. She (the mother) has always been "in control" of my husband and he's intimidated by the fact that she has a lawyer/attorney and he doesn't. He froze up when the judge asked him if he had anything to say. He doesn't do well speaking in public even though this is what he wants most.
 
Your husband can certainly talk to an attorney for his/her advice/opinion. Sometimes an initial consultation is free. If he can't afford one, he can also try legal aid in your area. We don't give referrals.
 
Couple of things.

1. The court doesn't care that you're on food stamps and rely upon your husband; he's expected to support his child no matter what. Was he imputed an income?

2. Given that he doesn't fair well in court, he absolutely needs an attorney.

I do have a quick question though. How old is the child, and when did Dad start visitation?
 
I understand they don't care. But it should matter! We have joint Food stamps. We are struggling as it is. His son is 3, and my husband has always been there. He only recently went through court because the Mother was planning to move out of the state and there was never any legal document stating visitation. So, she has used that to her advantage. There is no proof.
 
Was your husband imputed ("given") an income? What figures were they using?

Yes. They calculated that he works 40+ hours per week. When he only works 16 or less sometimes. And they filed him as single when we are Married. I am dependent on him. We have NO problem paying Child support... however, according the what was filed he works more than he actually does and it is HALF his Monthly income! How can WE survive if they force him to pay that amount??
 
He might want to get a lawyer to help him since he doesn't seem to do well in court per your post.
 
Yes. They calculated that he works 40+ hours per week. When he only works 16 or less sometimes. And they filed him as single when we are Married. I am dependent on him. We have NO problem paying Child support... however, according the what was filed he works more than he actually does and it is HALF his Monthly income! How can WE survive if they force him to pay that amount??


Yes, they can absolutely impute him full time wages even if he only works 16 hours a week. If he's able to work 16 hours, the court considers him able to work 40 hours.

His options are limited - either you or he needs to find another legal source of income.

There's only one way I can think of to reduce his obligation and it has to do with you. What is the reason you aren't working and are dependent upon him?
 
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