California law demands that parents provide financial support for their children. This obligation arises in the context of a divorce, legal separation or paternity case. In San Diego, child support orders may be through the San Diego Family Law Court or the San Diego DCSS Court. Both orders are legal and must be obeyed. Parents often disagree as to what constitutes an appropriate amount of support or what they feasibly can pay, though, and in some instances, it may become necessary to retain an expert to provide insight on disputed issues. In a recent California ruling, the Court discussed the admissibility of expert reports in child support actions, ultimately rejecting the father’s assertion that a report should be barred as hearsay. This is a very complicated procedure and legal advice is advisable if you have expert witnesses for their qualification and presentations with their reports and evidence admissibility. If you need assistance with a child support matter, it is in your best interest to speak with a San Diego child support attorney as soon as possible.
Factual and Procedural Background
It is reported that, in a paternity action, the father filed a motion to reduce his child support payments to the mother. At that time, the father had custody of the couple’s son approximately 1/3 of the time. The mother responded by requesting a vocational evaluation of the father. An expert was appointed to evaluate the father’s earning capacity, but the father refused to participate in the evaluation. The father filed three motions in limine to preclude the vocational expert’s report from being admitted into evidence. The Trial Court considered but ultimately denied the motions. Continue reading