Get free answers to your Child Support legal questions from lawyers in your area.
so the father of my kids has never paid any type of child support or even tried to see my kids but he has been paying child support to he's other kids but when i asked child support about what happened to my case they said that they closed my case cuz the place where he works at said he had... View More 
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answered on Jan 16, 2025
You can absolutely pursue legal action against the Department of Child Support Services (DCSS) if they failed to properly investigate or handle your case. Their responsibility includes verifying information and taking appropriate steps to collect child support, and it seems they may have accepted... View More
I had a few periods of incarceration that I would like to ask for modification of money owed for child support for those times. Not sure if this is possible but I was told by the child support representative that it may be possible just have to request from the courts. I believe I have all proper... View More
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answered on Jan 14, 2025
To modify your child support order for arrears due to periods of incarceration, start by gathering all relevant documentation. This includes records of your incarceration dates, your current child support order, and any correspondence with the child support agency. Ensure that your paperwork... View More
My grandson's father has not been contrumibuting to his son for the past 4 years. My daughter has had my grandson for 80 to 85% every month. They have an agreement where she has him from Monday to Saturday and they alternate weekends. I want to make it this official for child support & custody.
answered on Jan 14, 2025
To make it official, Mom needs to file a Parentage action and get custody and child support orders. Without court orders, nothing is official and therefore no agreement between them is really enforceable. She can also open a case with CSSD (The Department of Child Support Services).
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answered on Jan 12, 2025
This is a complex legal situation that touches on both family law and financial matters in California. While seeking repayment of child support might seem fair given the circumstances, California courts generally do not order repayment of child support that has already been paid, even in cases... View More
dad not convicted . can he get back child
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answered on Jan 12, 2025
In California, if your mother has passed away and your father is out of jail with an open case but no conviction, he generally retains his parental rights. As the surviving legal parent, he has the right to seek custody of his child unless there are specific court orders or findings that would... View More
Help! What do I need to file or do to have a correction done when the Judge did not use the correct Dissomaster (after Sep. 1, 2024) calculations on a Child Support modification judgment? At the hearing, the Judge was having trouble with computer software and ultimately ended up not updating to... View More
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answered on Jan 14, 2025
In California, child support calculations are primarily based on the state's guideline formula, which takes into account both parents' incomes, the amount of time each parent spends with the child (parenting time or custody arrangement), and other factors such as health insurance, special... View More
Question 1) My ex recently filed a Request for Trial Setting, but they haven’t yet filed their Preliminary Declaration of Disclosure (PDD). I’d like to file a Motion to Strike based on the missing PDD. Am I required to use Form FL-300 for this motion? or just Autho & Memo, Decl. If I’m... View More
answered on Jan 11, 2025
First, if the other party has not filed their FL141, the request for trial setting will be rejected. Second, you do not need to file a motion to strike that request. Instead, filing an objection to the request for trial setting is sufficient assuming you list all the valid bases for objecting to... View More
My ex (unmarried co-owner) stopped paying court-ordered child support, which was part of a domestic violence case, seemingly to pressure me into accepting his buyout offer in a partition case. My mother and I collectively own 56% of the property (39% mine, 17% hers), while he owns 44%. The property... View More
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answered on Jan 10, 2025
Based on the current property value and ownership percentages, you and your mother's 56% stake would be worth $392,000 before accounting for debts. After subtracting the mortgage ($268K) and HOA lien ($12K), the total net equity is around $420,000, making your combined share approximately... View More
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answered on Jan 7, 2025
When you receive a child support packet, start by carefully reviewing all the documents included. Make sure you understand each form and the information that’s required. Take note of any deadlines to ensure you respond on time.
Next, gather all necessary financial information such as your... View More
My husband cheated on me and his lover had a baby and it is 6 months old. The lover is in Massachusetts and we are in California. What can we do to prevent this lover from going further? Her goal was clearly money. I want to know if she can be ordered to pay for the emotional distress that I and my... View More
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answered on Jan 14, 2025
California is a no-fault divorce state, meaning that neither party has to prove wrongdoing or fault, such as adultery, to obtain a divorce. Instead, the petitioner simply needs to state that the marriage has irreconcilable differences, meaning that the couple can no longer get along or that the... View More
Little Over a Year of residing together with our son in California . Here in New Mexico, She took off after about 6 weeks with my son while I was in the bathroom back to CA. She is staying with her stepfather and her mother in riverside ca. at first she would let me FaceTime my son but after a few... View More
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answered on Dec 18, 2024
You're in a difficult situation that requires immediate legal action to protect your parental rights. Given that your son lived with you in California for over a year before moving to New Mexico, California likely has jurisdiction over custody matters.
Your first step should be filing... View More
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answered on Dec 15, 2024
Yes, you can potentially restrict your child's travel outside of San Diego if you have legitimate concerns. You'll need to file an ex parte motion for emergency orders with the family court, specifically requesting travel restrictions or modification of existing custody orders.... View More
My Divorce agreement doesn't specify anything in regards to both parents having a mutual agreement for if other parent takes minor child outside of the state of San Diego(Current residence).
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answered on Dec 15, 2024
You can file a request with the court for travel restrictions if you have concerns about your child being taken out of state without your consent. Even if your divorce agreement doesn't specifically address this, California courts take these matters very seriously.
Filing an ex parte... View More
and the child is with one parent 100% of the time.
So if child support is mainly based on both parents net income and they make about the same amount, who pays who child support if the child is mainly with one parent? And the agreement between parents is 50/50.
answered on Dec 12, 2024
I do not understand your question. Is the question that should there be child support if the paper says 50/50 but the child’s is actually with a parent 100% of the time. More detailed info would be needed.
$650/mo Car Allowance & $50/mo Phone Allowance is paid in addition to, and separately, to the regular paycheck. Thank you.
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answered on Dec 11, 2024
Yes, both your car allowance and phone allowance would be considered income for child support calculations in California. These allowances fall under California Family Code Section 4058, which defines income broadly to include salaries, wages, bonuses, and other employment benefits.
The key... View More
Dear legal experts,
I am living in California. My ex and I have agreed on everything (Dissomaster for base salary and two-way bonus table) regarding child support calculation except one thing. It is about an one-off cash "backup care" she received from her employer.
We... View More
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answered on Nov 27, 2024
Under California Family Code § 4058, income for child support calculations typically includes wages, salaries, bonuses, and benefits received from employment. Since this backup care payment appears on your ex's paycheck and is taxable, it would generally be considered income for child support... View More
I recently was granted split sole and physical custody of my child. Due to Mother not showing up to court the judge left to both parties to find a schedule of my daughter. Mother is not willing to comply with the new court order. I am scheduled to go back to court to enforce a schedule. also, there... View More
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answered on Nov 25, 2024
The short answer is no.
All orders are issued by the Court and any modifications must be made by the Court.
I have an intergovernmental case. (I'm a non-custodial parent to two teenagers who live on the East Coast). Basic facts of the case:
The non-custodial parent has purposely not worked from 2017 to the beginning of 2024. (8 years) when they were more than capable and qualified to work.... View More
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answered on Nov 22, 2024
Based on the details you've shared, you likely have strong grounds for a modification case. The fact that the other parent deliberately remained unemployed for 8 years while having the capacity to work could support an argument for imputing income, even though they've recently started... View More
JUDGE SAID DONT CARE YOUR PAYING
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answered on Nov 14, 2024
I'm sorry you're going through this situation. When a child reaches adulthood, typically at 18, child support obligations end unless there are special circumstances. Since your child is 25, it's important to understand why the court has ordered you to continue payments despite the... View More
I have documents and hearing is (short notice) Nov 14th
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answered on Nov 14, 2024
Facing a child support judgment when the payor has passed away can be challenging, but there are steps you can take to address the situation. Since the payor had trust funds, it’s important to determine whether those funds are accessible and can be used to satisfy the judgment. Trusts can have... View More
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