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11 Jun. 2012

Visitation and How if Affects Support

Posted By The Buncher Law Corporation

This is part of a continuing series to help you through a basic primer on family law and what's in the courts powers to decide. Last week, I posted definitions and parameters of the types of child custody as they pertain to family law. In this post, I will go into a little detail about Visitation and how it may/may not affect support.

The Orange County Bar Association released an article in January of 2012 discussing how visitation can affect child support. The article addresses several cases and family law codes prevalent in California courts. Many think that child support is directly related to visitation and if the custodial parent (usually mom) prevents visitation that the non-custodial parent (usually Dad) should not have to pay the child support owed. Sometimes the courts see the reverse scenario where the non-custodial parent is scheduled for a visit and does not show up leaving the custodial parent to arrange for proper child care.

These actions do not directly affect a child support order but there is hope as if this occurs then Under Family Law Code Section 3028 the parents (custodial or non-custodial) failure to assume caretaker responsibility opens the door for a motion to be brought in front of the court to seek reasonable expenses.

Considerations the court will look at are as follows:

  1. A minimum of $100 in expenses must be incurred
  2. At least 3 occurrences of failure to exercise custody or visitation rights
  3. At least 3 occurrences of the thwarting of efforts to exercise custody or visitation rights within six months before filing the motion.
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