Saturday, May 5, 2012

HOW CAN I STOP MY EX SPENDING CHILD SUPPORT ON HERSELF?

QUESTION: I am currently paying money to the county because my ex has our kids on cash aid. We have 50/50 custody but I work and she doesn't so I was told that I will have to pay as long as she has them on cash aid. She doesn't receive any money personally - just for the kids - yet she spends all the money on herself. My kids never have nice clothes on and last week showed up in shoes with holes at the bottom. Is there anything I can do to change this situation?

MY RESPONSE: You can't deal directly with the problem, i.e., you can't force her to spend money on the children or have your support obligation changed based on her conduct, but you could deal with it indirectly. If your ex is not taking proper care of the children, depriving them of things that they reasonably need, you could file an OSC to modify child custody, to seek their sole or primary custody. If you prevail, you would be entitled to a modification of Child Support, inasmuch you would have the childrens' sole or primary custody, and Child Support is based on your income, your spouse's income, and the custodial timeshare.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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