What to do if the non-custodial parent no longer works and is seeking to have modification of child support set at zero?

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What to do if the non-custodial parent no longer works and is seeking to have modification of child support set at zero?

Custodial parent has custody and does work. Will the court require the custodial parent to pay the non-working parent who should be paying support? Time share is minimal for non-custodial parent (less than 20% when exercised).

Asked on October 12, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to respond to the non-custodial parent's request to modify his or her current child support to $0 is to simply opposed the petition where the court sets child support based upon county guidelines on each parent's net monthly income per an income and expense declaration submitted to all parties and the court.

You may need to consult with a family law attorney to assist you in the opposition. Potentially the court could mandate the non-custodial parent to get a job or simply set the monthly child support at a certain amount regardless of no claimed job.


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