Under California law, parents are legally obligated to financially support their children. As such, in cases of shared custody, the courts will often set forth orders obligating one parent to pay child support to the other. Disputes often arise regarding each parent’s ability to pay, however, and in such instances, parties will often hire experts to support their opinion. A recent California ruling addressed the disclosure requirements for expert reports in child support actions, ultimately rejecting the father’s claim that a report should be excluded. If you need assistance with a child support action, it is smart to speak with a Bay Area child support attorney about your rights.
History of the Case
It is alleged that the mother and father shared custody of their minor son, pursuant to a paternity action, and that the father was obligated to pay child support to the mother. The father subsequently sought to reduce his child support obligation. The mother requested a vocational evaluation of the father. The vocational expert issued a report in which he relied on documents in the record since the father refused to participate in the evaluation. The father filed three motions in limine to preclude the vocational expert report, which the trial court considered and denied.
It is reported that the court held a hearing on the child support issue, during which the father testified about his limited ability to work due to a car accident and presented evidence from his sister in support of his assertion. The expert testified that the father had several job options, including the option of working as a legal assistant, which offered the highest earning opportunity. The court admitted the expert report into evidence. The mother testified about her income and expenses as well. Considering the expert’s testimony and the mother’s financial situation, the court increased the father’s child support obligation by approximately $275 per month. The father appealed. Continue Reading ›