Hayward, CA asked in Child Custody, Child Support and Family Law for California

Q: Am I eligible to receive child support?

I live in Merced County in California.

My ex and I have two children. My daughter lives with fiancé and I, we are not married. My son lives with his father and his girlfriend, they are not married.

My income is significantly lower than his income. Am I eligible to receive child support for my daughter?

I was also wondering if I could possibly have the court assign my son to live with me as he lives in the same room as his father and girlfriend and her daughter.

In my home my son would have his own room. In the past my son expressed his excitement to move back with me when he knew I was looking for a single family home. However, later he changed his mind.

My daughter told me it was because his father made him “promise” he wouldn’t leave him. When my ex and I first separated I had both children living with me. He made his own decision to move in with his dad.

I don’t have any convictions, legal or substance issues.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Most child support calculations are done under "guideline" rules, which means that it is more of a mathematical formula. You can calculate child support by going to various websites. You can deviate from these guidelines in special circumstances, but the guidelines are the general rule regarding the amount of support you would or would not be entitled to.

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