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

Q: The petitioner wants to close a custody case that hasn't been decided due to stress does that stop child support?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, closing a custody case that hasn't been decided does not automatically stop child support obligations. Child support and child custody are separate legal issues, although they are often related.

Here are a few key points to consider:

1. Child support is a right of the child, not the parents. Therefore, even if a custody case is closed, the non-custodial parent is still obligated to provide financial support for their child.

2. If there is an existing child support order, it remains in effect until it is modified or terminated by the court, regardless of the status of the custody case.

3. If there is no existing child support order and the custody case is closed without a determination of custody, the parent who has been providing the majority of financial support for the child may be able to seek retroactive child support from the other parent.

4. If the petitioner wishes to close the custody case due to stress, they may want to consider seeking a modification of the existing custody arrangement rather than closing the case entirely.

It is highly recommended that anyone involved in a child custody or support case consult with a qualified family law attorney to understand their rights and obligations under California law, as each case is unique and may have different factors to consider.

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