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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.