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

Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally abusive person who will try to turn simple custody adjustment into a war on my character.

2 Lawyer Answers
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: As someone who is representing themselves in a child support hearing in California, it's important to be well-prepared and understand your rights. Here are some steps you can take:

1. Familiarize yourself with the FL-300 form and the purpose of the hearing. The FL-300 is a request for order, which is used to ask the court to make or change a court order.

2. Since your ex filed a late response, you may have grounds to object to the court considering their response. However, the court may still choose to consider it. Be prepared to address the points raised in their response during the hearing.

3. If you have not received a mailed copy of your ex's response, you can mention this to the court at the hearing. The court may question your ex about proper service of their response.

4. Gather all relevant evidence and documentation to support your case, such as income statements, expenses, and any other information that may be pertinent to the child support calculation.

5. Practice presenting your case clearly and concisely. Focus on the facts and the best interests of your child(ren).

6. If your ex attempts to bring up irrelevant character attacks, object and stay focused on the issues at hand. The court is primarily concerned with determining appropriate child support based on state guidelines.

7. Consider seeking assistance from local legal aid organizations or family law self-help centers. They may be able to provide guidance or resources to help you navigate the process.

8. If you are unable to attend the hearing in person due to the distance, you may be able to request to appear by phone or video. Contact the court clerk to inquire about this possibility.

Remember, while the process can be stressful and emotionally challenging, stay focused on presenting a strong, fact-based case to the court. If at any point you feel overwhelmed or believe you need legal representation, consider seeking low-cost or pro bono legal assistance.

Tobie B. Waxman
Tobie B. Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: It's not clear what you are asking. 1) you can object to the response as untimely; 2) you can object to the response as you have not been served with it (??). As far as the advice you are seeking, it's not clear what you want to know. Child support orders will be based on the respective parties' income and percentage of custodial time with the minor child[ren]. The evidence you want the court to have should have been included with your FL300. You also have the right to "reply" to his responsive declaration, especially if you disagree with his information or evidence.

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