Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Child Support Questions & Answers
1 Answer | Asked in Child Support and Divorce for California on
Q: How do I get my divorce case moving forward again when my ex-husband refuses to show up for court

My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2024

To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for California on
Q: How to expedite divorce process while spouse and her attorney delaying the responses and not very communicative ?

My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.

But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I have no legal/physical custody. 1hr/wk visitation that I can't get. 6yrs+ 0Contact due to other party. Served chldsprt

I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for California on
Q: Is it better to have a paralegal fill out the response paperwork to a mediation for child support and divorce?
Ken Sterling
Ken Sterling
answered on Jul 18, 2024

This is a good question and we are asked this often. The answer attorneys learned in law school, to nearly every question is, "it depends." There are advantages and disadvantages to having a paralegal fill out the response paperwork for child support and divorce mediation. Keep in mind,... View More

View More Answers

1 Answer | Asked in Child Support and Family Law for California on
Q: Child support subpoena ?

Father of my child hired a lawyer and lawyer mailed me a subpoena for my 2023 financial records/ bank account/ saving/ Amazon purchases/ any and ALL online detailed purchased/ phone records etc

Father is trying to lower court ordered child support.

The subpoena was mailed to my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

The subpoena you received by regular mail is not considered legally served. In California, subpoenas must be served in person, so you are not obligated to comply with it as it stands.

You should not provide any financial records or other details to the lawyer without proper service of the...
View More

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Child Support for California on
Q: I'm 17 and have permission from one parent to move in with another family member. Can the other parent force me back?

My mother will let me move in with my grandma but I know my Dad will disagree. I currently live with him and can't stand him anymore with the way he treats me. If my mother gives consent do I still need his? Can he force me to come back?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

Under California law, both parents generally have equal rights to make decisions regarding their minor child unless a court order states otherwise. If you are 17 and your mother consents to you moving in with your grandmother, your father's consent would typically still be required if he has... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Child support subpoena mailed to my home. not certified or served, just regular mail. Is that legal?

Father of my child hired a lawyer and lawyer mailed me a subpoena for my 2023 financial records/ bank account/ saving/ Amazon purchases/ any and ALL online detailed purchased/ phone records etc

Father is trying to lower court ordered child support.

The subpoena was mailed to my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

In California, for a subpoena to be valid, it generally must be properly served, either in person or via certified mail, especially if it involves the disclosure of sensitive information such as financial and phone records. Since you received the subpoena through regular mail, it may not be legally... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: I have full custody of my daughter. Mother fled to mexico with my daughter back in November.

Her mother fled to mexico with her and I currently have a child abduction case open. Mother opened a child support case before leaving and now child support wants money. I told them about situation, I can't allow mother to receive money and disappear with my daughter. Judge and child support... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

Under California law, if you have full custody of your daughter and her mother fled with her to Mexico, it is crucial to inform the court and child support services about this situation. The child support order should reflect the current custodial arrangement and the best interests of the child.... View More

2 Answers | Asked in Child Custody and Child Support for California on
Q: In California if the father signs over parental rights to the mother. Does he still have to pay child support legally?
Robert Kane
Robert Kane
answered on Jul 7, 2024

Yes.

In California if the father signs over parental rights to the mother. Does he still have to pay child support legally?

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My son and his ex have verbal agreement for child support and joint custody mom refuses to let him have his visitation.

He pays 150 a week and has proof of paying but mom won't let him see her now that he has a new relationship

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

In California, child support and visitation rights are separate issues. Even if your son is paying child support, the mother cannot legally withhold visitation unless there's a court order permitting it. Your son has the right to see his child according to the agreed-upon custody arrangement,... View More

View More Answers

1 Answer | Asked in Family Law, Domestic Violence and Child Support for California on
Q: My ex wife is been verbally abused to are kids and specially to me I have domestic violence on her can you help me?

Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2024

I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:

1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these...
View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am separated from my husband(not divorced) am I obligated to let his parents and siblings see my kids?

He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2024

Based on the information provided, here's a general response to your situation:

1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court...
View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am about to file Sanction against opposing attorney in Divorce case?

Judge ordered OP's attorney serve proposed order for my approval, but she didn't do it. she filed it without my knowledge and judge signed on it. The FOAH contains OP's fabricated orders. I want to request the court to sanction against the attorney directly. As far as I know, Family... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

Based on the situation you've described, it appears that the opposing attorney may have violated court procedures by filing a proposed order without serving it to you for approval as directed by the judge. This is a serious matter that could potentially be grounds for sanctions. Here are some... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I married my spouse in India.We are living in USA for the last 13 years. Both are US citizens. Where can I file divorce?

I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2024

Based on the information you've provided, here's some guidance on your situation:

1. Filing for divorce:

As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since...
View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Can you appeal the court decision when it comes to child support financial responsibility,
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

Yes, you can generally appeal a court decision regarding child support financial responsibility in California. The process typically involves:

1. Filing a Notice of Appeal within a specific timeframe (usually 60 days from the date of the order)

2. Preparing the record on appeal...
View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.

We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 18, 2024

Immediately file an objection to the proposed FOAH and specify in your objection, the grounds for the objection. Be very clear. Attach a copy of the minute order to your objection (assuming the minute order is different from the proposed FOAH). Since the FOAH has already been signed by the... View More

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I would like to change my children's last name and file for sole custody due to parent abandonment.

The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 17, 2024

"I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect" - filing a petition for custody and support, without filing anything else, will not result in you getting any court orders. Your case may still be open.... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Seeking Court Order for Child’s Screen Time and Sleep Schedule?

I am seeking advice on obtaining a court order for the following conditions concerning my 4-year-old autistic child due to concerns about my ex-spouse’s smartphone addiction. so, can I request these order below during the next RFOMOD custody hearing:

1) Limit exposure to mobile devices to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

In California, courts make decisions about child custody and visitation based on the best interests of the child. When a child has special needs, such as autism, the court will consider those needs when making orders.

To request the specific orders you mentioned during a Request for Order...
View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Court order for child's screen time/sleep due to co-parent's smartphone addiction?

We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2024

Under California law, the court's primary concern in child custody cases is the best interests of the child. This includes ensuring that the child has a safe, stable, and nurturing environment, which can be negatively impacted by excessive screen time or inadequate sleep.

While there...
View More

View More Answers

2 Answers | Asked in Child Support and Family Law for California on
Q: Is child care part of child support? Or is it considered an add on?

Ex feels he gives me more than he should. My son lives with me and his father picks him up for 3 weekends out of the month. He gives me $800 a month. Helps pay private school which we go half on. Has him under his health plan which I’m sure he pays about $360 a year for. He’s union. Our son is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024

Under California law, child support typically includes basic living expenses for the child, such as food, clothing, and housing. However, child care costs, especially those necessary for the custodial parent to work, are considered an "add-on" expense. These add-on expenses are usually... View More

View More Answers

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.