QUESTION

Is it not illegal to make someone pay child support and deny him any visitation?

Asked on Jan 11th, 2016 on Family Law - California
More details to this question:
I was substantiated of sexual abuse in 2009 by CPS of my minor daughters, an act that I did not do. The Family court denied me contact; my legal and physical custody changed to 0%. As a result, I have not seen my children at all since 2009. I appealed CPS decision of substantiation. The decision was reversed and remanded. The trial court judge in a different civil court changed the determination to “inconclusive”. I was forced to pay CS all these years at $1,200/ month. I have a CS hearing coming up in family court. I also have child support arrears. Question: Can I request the family court to modify my CS, so that my CS since 2009 is made 0 or reduced substantially, since it is the system that denied me seeing the children all these years for something that I had not done? My Family law judge is ignoring my latest evidence, since she sided with the CPS all along. Is there any case laws , that can help me recover or adjust my CS for the 6 years that I paid based on 0% timesharing?
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1 ANSWER

Family Law Attorney serving Boise, ID at Naugle Law Offices
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Child support obligations are not limited to cases in which the paying parent is granted parenting time, because it costs money to raise children whether or not they spend time with each parent, and it is the court's duty to assign responsibility for that cost between the parents.
Answered on Jan 11th, 2016 at 8:40 PM

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