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California Child Support Questions & Answers
1 Answer | Asked in Child Support for California on
Q: I HAVE BEEN PAYING CHILD SUPPORT MY KID IS 25 NOW AND IM STILL HAVING TO PAY EVEN THOUGH THE DCSS CLOSED THE CASE

JUDGE SAID DONT CARE YOUR PAYING

James L. Arrasmith
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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

1 Answer | Asked in Child Support for California on
Q: Hi,I have a child support judgement of approximately $90,000, with a deceased payor getting trust funds of $200,000.

I have documents and hearing is (short notice) Nov 14th

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Health insurance through MEDI-Cal

MSA currently at the courthouse being reviewed and hopefully gets signed by a judge. I was receiving aid from the state while I had full physical custody and going to school full time. Part of our agreement for him to forgive my prior child support arrears was to stop the aid. When I stop the aid... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your instincts are correct - you should not apply for Medi-Cal for children who are not in your physical custody, as this could indeed constitute fraud. Since your ex-partner has full custody and earns good income, the responsibility for obtaining health insurance for the children falls to him.... View More

1 Answer | Asked in Child Support, Election Law, Gov & Administrative Law and Education Law for California on
Q: Can a teacher ask a 1st graders to openly state whom they support on presidential elections?

Teacher asked 1st graders whom they support Kamala or Trump and asked why.

My daughter was the only one who said she supports candidate X.

She had no knowledge about elections except what her mother said her without thinking a day before.

I worry now the daughter will be... View More

James L. Arrasmith
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answered on Nov 15, 2024

This situation raises serious concerns about appropriate classroom conduct and student privacy. Teachers should not ask young children to publicly declare political preferences, as this can lead to discomfort, potential bullying, and unnecessary division among students.

First graders are...
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2 Answers | Asked in Child Support for California on
Q: If ex and I agree to an amount of child support less than the guideline support can it get modified in future

If ex and I agree to an amount of child support money less than the guideline support that the court would issue can this agreement ever be modified or cancelled if we both agree and sign and file the document with the courts. Can she ever ask me for more child support in the future? What reasons... View More

Robert Kane
Robert Kane
answered on Nov 6, 2024

Yes, cild support can be modified regardless of your agreement.

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1 Answer | Asked in Child Support and Family Law for California on
Q: Can I reduce my child support payment temporarily? and how?

I have accumulated more debt, I have been homeless and am in danger of getting my car repossessed. I don't want to stop child support payments but I am in a really tough financial crisis. The mother of my children has threatened me several times and has even asked me to go over my financial... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can request a temporary modification of child support payments in California if you're experiencing significant financial hardship. Your situation - including homelessness, risk of car repossession, and mounting debt - would likely qualify as a substantial change in circumstances.... View More

2 Answers | Asked in Child Support and Family Law for California on
Q: If ex and I settle for child support payment less than what the "courts" would dictate can she in the future void this

can she void this agreement and ask for more money if all parties agree to this.

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 6, 2024

It's not a matter of voiding the agreement. What either party can do is seek a modification of the agreement or otherwise get a court order for a different amount of child support. What the court "dictates" is known as "guideline support". It's the law. If you and... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex wife for 4 years has been living with her boyfriend for over a year and another before that. Alimony? California

My 16 year old visits and tells me everything. I have social media info. that verifies their relationship and it's seriousness. She also only has her daughter 8% of the time when it's supposed to be 30%. How much will it cost to correct this?

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 3, 2024

It's not a "correction". The fact of her cohabitation is grounds for modification of an existing spousal support order if the cohabitant has income and that income is used to contribute to the household expenses/cost of living expenses. It is not relevant to child support however.... View More

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1 Answer | Asked in Child Custody, Child Support and Divorce for California on
Q: I keep getting paperwork returned and forms added to my divorce. Can I get help with filling it out? Been 4 years.

I filed 4 years ago, default earlier this year, since I wasn’t aware of doing that. I have submitted multiple forms for review I keep getting them returned to fix errors and getting forms added. Once I complete what they ask sometimes even changing what they ask I get it back and they say not to... View More

James L. Arrasmith
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answered on Oct 31, 2024

I'm sorry to hear you're experiencing these difficulties with your divorce paperwork. Navigating legal forms can be challenging, especially when requirements keep changing.

You might consider reaching out to the Santa Ana courthouse for assistance. Many courts offer self-help...
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What can I sue for, baby father was deceitful rendering me now homeless while pregnant during dangerous situation

Pregnant & suffering from syncope & HG; daily life is sufferable & becoming hard to care for myself as weak. My baby father tried to force me into an abortion, in which I refused. He came around with another deceitful plan instead, saying he wants the baby & made promises to support... View More

James L. Arrasmith
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answered on Oct 24, 2024

I'm truly sorry you're facing this difficult situation. You may have grounds to take legal action for emotional distress, financial support, and any damages caused by his actions that left you homeless while pregnant. His attempts to coerce you into an abortion and subsequent abandonment... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: DCSS lawyer wants changes to the MSA. Does she not want me to continue making payments since my ex agreed to forgive arr

1. Section 9.C. - If you could amend to add the following after Exhibit "C"; however, the parties agree for support to be set at $0.00 as Father is not requesting support from Mother for such time period."

1. This is to hopefully avoid any issue with it being interpreted as a... View More

James L. Arrasmith
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answered on Oct 17, 2024

It appears that the DCSS lawyer is proposing changes to your Marital Settlement Agreement to ensure clarity and compliance with legal standards. By adding language that sets support at $0.00 because you are not requesting support from the mother during a specific time period, it helps prevent any... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Can FOAH contain something different from what was agreed in court hearing, however both parties agree to this later

In court we made an assumption about impact to September 1st law change on child support calculation being negligible and so agreed to use past dissomaster calculation. However, upon calculating with the Sep 1st change it is a significant difference (10%) and want to adopt that instead. Is this... View More

James L. Arrasmith
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answered on Oct 16, 2024

Yes, you can update the Family Order After Hearing (FOAH) to reflect a new agreement between both parties. Since both of you agree to adopt the updated child support calculation based on the September 1st law change, the court can incorporate this change into the official order.

When...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: If my child support case closed because the other parent said that was in Mexico? But it’s not in Mexico ? He is usa

Can I re open the case? If he is here in California ?

James L. Arrasmith
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answered on Oct 11, 2024

Yes, you can seek to reopen your child support case now that the other parent is in California. Since the previous closure was based on incorrect information about his location, presenting accurate details can help your case.

Start by gathering any evidence that shows the other parent...
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1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: I am in a divorce since 2019, my ex is self employed ,child support Is not determined, a forensic evaluation appointed

I am in a divorce since 2019, my ex is self employed , child support Is not determined, a forensic evaluation requested , he didn’t provide his taxes to her, the forensic evaluator ask my attorney to file her declaration she is suggesting my ex not to send his taxes and she only need bank... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you're facing a challenging situation with your divorce proceedings and the determination of child support. The fact that your ex is self-employed and not providing his tax returns complicates matters. It's understandable that you're concerned about the forensic... View More

1 Answer | Asked in Divorce and Child Support for California on
Q: My separated spouse is threatening to take my car away leaving me no way to work or take our children anywhere. Can he?

He moved out Aug 7. We made an agreement on who’s paying what. He didn’t give me the $ for rent. He knows I can’t pay the bills. He’s spending $ like crazy and has only given me $45. Now because of his erratic behavior we are divorcing and he’s going to take my van. I have to a car for my... View More

James L. Arrasmith
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answered on Oct 5, 2024

I'm sorry you're going through this difficult situation. Your spouse cannot simply take your van without considering the legal implications, especially since you rely on it for work and caring for your children. It's important to document any agreements you've made and the... View More

1 Answer | Asked in Child Support for California on
Q: I have a child support case in California that is all arrears. An order for 50.00 per mo. I want to request a new order

I am also unsure of how to articulate my reasons for requesting the new order. The children are now adults.

James L. Arrasmith
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answered on Sep 30, 2024

To request a new order in a child support case where the children are now adults and the only issue is arrears, you'll need to file a motion with the court. Since your current order is $50 per month, you can ask the court to modify the payment based on your current financial situation. Be... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: What do I need to request supervised and limited hours visitation for when my ex comes visit my two kids?

My ex took the kids with him for 4 hours when he brought them back both of my kids had their diaper packed with pee as if he didn't change them for hours specially my daughter she had way more peed than my son. Also my son as soon as he got home he wanted to eat and ate his food super fast as... View More

James L. Arrasmith
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answered on Sep 29, 2024

To request supervised and limited visitation for your ex, you will need to demonstrate that his care of your children poses a concern for their well-being. You can begin by documenting the incidents you mentioned, such as not changing the children's diapers and not feeding them properly during... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Single mother trying to co-parent with the father but he refuses to pay child support what is the California law

I am the mother of a child that was born September 23rd 2024 I'm trying to co-parent with the father of the child refuses to pay child support. I allow him to come to my house everyday to see his son but my own mother has to provide for our son because the father will not help with his... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 28, 2024

Contact your local Child Support Services and request they assist you with obtaining child support orders. https://www.fresnocountyca.gov/Departments/Child-Support-Services

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2 Answers | Asked in Child Custody and Child Support for California on
Q: Can I stop communication?

My daughter dad is not on the birth certificate. He’s been paying child support since she was 2/3 no visits set in place. He use to see her maybe 1-2 times a year and now been 2 years he’s not seen her. He doesn’t call to talk to her ever and now it’s been over a year he hasn’t paid... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 27, 2024

You can do whatever you want. If you don't have any court orders mandating when, how or even whether you communicate with him, you don't have to.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can I get child support from the father if I only have one child with me and he has the other child?

My 16 year old wants to live with the father but my youngest don’t how will the child support work in this case

Robert P. Taylor
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answered on Sep 22, 2024

It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More

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