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California Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I been with my husband for 8 years unmarried and 7 months married. We have one 7 year old child together. What are my

Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can a 13 year old deny going with her parent when the other parent allowed for staying at a friend's house?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.

The simple answer to that is, "no, they do not." Unless there is some kind of provision in the...
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1 Answer | Asked in Family Law, Criminal Law and Child Support for California on
Q: How can we report to the court that the mother is moving with daughter and is leaving without notifying the court

My partner lives in LA and is paying for child support through the county of riverside Indoh in palms springs, mother just sent out a text stating she was moving to Tahoe and is keeping everything the same without the court knowing she is moving. What can we do or say to the court, so he can either... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 13, 2020

more info needed.

you should talk to whoever handled the family law case.

if no one use legal aid for consult.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: As the custodial parent can I deny a supervised visit to be conducted at my sons fathers house?

My sons a father was granted supervised visits they have taken place at a public location but now he and the supervisor are trying to change the visits to be conducted at his house. Because of past incidents where his fiancé, her mother, and my sons father have put our son in harms way I am not... Read more »

Mike Darlington
Mike Darlington answered on Feb 9, 2020

Your right to make decisions regarding the terms of the supervised visitation; such as location, times, supervisor etc. are all governed by the terms of the custody order. You would have to read your custody orders to determine what options you have, or do not have.

If they do not cover...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I'm behind on child support for about three years now. I was lost in life and didn't really care about anything.

I know that by know I might have an arrest warrant. Can I get a lawyer to remove arrest warrant and start making my monthly child support payments and payments on money I'm behind with? I just need to start all over on my child support. Pay my monthly payments due and give payments on child support... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 6, 2020

https://childsupport.ca.gov/overview/debt-forgiveness-program-coap/

3 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: If i file for Child support against ex, does he still visitation rights if he's abusive?

Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file for... Read more »

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Child support and visitation rights are separate issues even though you can file for them together in the same pleadings. If he is on the birth certificate than you would want to file a Petition for Custody and Support. At the same time you should file a Request for Orders which will set out to... Read more »

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1 Answer | Asked in Child Custody and Child Support for California on
Q: If a father owes back child support but is paying child support now can he be denied visitation rights ?

Planning on putting in the paper to ask for visitation. We have an agreement through child support but she's making it difficult to see them

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 29, 2020

Absolutely not. Paying support has nothing to do with whether a parent can or should have visitation or custody of their children.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: My ex has restraining order and now asking for child custody. 1. I didn't make many police report but

My ex has restraining order and now asking for child custody.

1. I didn't make many police report but he has been physically abusive / verbally and emotionally

2. he's not a permanent resident

3. he works for cash and if he does get the daughter I am afraid he would... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

i should be on DUI and PI

you would explain these concerns to the court with the info you have.

most courts have attorneys, paralegals or clerks available to answer questions.

go to the courthouse involved and inquire,

maybe google legal aid

1 Answer | Asked in Family Law and Child Support for California on
Q: Can child support make me pay if I'm receiving public assistance?
Mike Darlington
Mike Darlington answered on Jan 19, 2020

If you are on pubic assistance than I would assume you have the children, which means the child support order should be in your favor.

If you do not have the children and are being asked to pay child support for kids other than the ones on public assistance, than you can be required to pay...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How long with no communication and no child support can I file for child abandonment?
Mike Darlington
Mike Darlington answered on Jan 9, 2020

I am unsure of what you arenwanting to do. If you want to terminate the other persons parental rights there is a petition (not a form) you can file for that in California. The baseline for communication and/or support is one year. However, there nuances to that rule that you need to explore.... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can he kick me out without help like trash when i have depended on him for 15years

I have been a stay at home mom for 15 years and now boyfriend decides that he is done kicks me to the street. he is keeping the kids from me and acting like he does not have to help me can he kick me out

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 8, 2020

You have parental rights. You have the right to custody and/or visitation. If you want those rights adjudicated; i.e. to get a court order, you will need to file a parentage action (aka paternity) and request child custody orders and support. As a co-habitant, you do not have the same rights as... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: I had given up my parental rights,

I given up my parental rights, in family court so my mother would be able to adopt my daughter, also because the state took her from her mother,

My daughter's mother got her back, all though I signed over my rights, can her mother file for child support against me

Mike Darlington
Mike Darlington answered on Dec 17, 2019

I am sure there is a lot more behind this story just do to the fact pattern you did give.

However, the generic answer to your question is that once one parental rights are terminated by the court then that parent is no longer responsible for support.

Be aware though that many...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I have been the sole provider for child an husband keeps kid over summer an files divorce an wont let me have her back

He won’t let me see or hear from her an he filed for full custody we live in separate states

Mike Darlington
Mike Darlington answered on Dec 13, 2019

Even though your question is really short, it invokes so many different issues that you need to immediately sit down with an attorney and lay out the facts. At initial glance this is going to be a UCCJEA matter. The UCCJEA is a federal law that the courts use to decide jurisdiction between... Read more »

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1 Answer | Asked in Family Law and Child Support for California on
Q: My sons daddy messages me tells me he needs to get a passport, but cant get one because he owes 200,000

Ask me to call child support and ask to get lower payment or waive...what legal can he do about his back payments

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 19, 2019

He can get on a payment plan and ask CSSD to reinstate his passport application rights. See https://cssd.lacounty.gov/reduce-my-debt/. While this is a link to Los Angeles County's program, CSSD is a statewide entity and likely has this same program (aka COAP) in county where Dad's child support... Read more »

2 Answers | Asked in Estate Planning and Child Support for California on
Q: Brother and I are coexecutors of trust. He owes $250,000 to creditors, how do I protect my half of inheritance ?

Trust consist of two homes. Total mortgage owed on both homes is $180,000. We live in San Francisco Bay Area, San Carlos. I know California tax laws are INSANE! I don’t want to make a wrong decision that could have lasting effects on me financially.

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Depending on how the will is worded and if the math works out it might be possible to distribute one house to you and the other to your brother. That way your brother’s creditors won’t be able to reach your inheritance.

Schedule a consultation with a probate attorney to review your options.

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1 Answer | Asked in Family Law and Child Support for California on
Q: Ex ordered to pay half our son’s unreimbursed medical expenses. He took off; no idea whereabouts. Next step?

He pays monthly child support; deducted from paycheck. I found him on Facebook and sent him copy of son’s hospital bill; been 35 days and zero response. Is he in Contempt of Court? What are my next steps? Thank you!

Johnathan Tracy Ball Esq.
Johnathan Tracy Ball Esq. answered on Sep 14, 2019

If the insurance is State funded, you can contact the Attorney General to enforce the Court Order. Otherwise, you need to hire a lawyer to file a Motion to Enforce the Child Support Order. He can be served out of State with the Motion to Enforce. Eventually, the Court could hold him in contempt.... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: what would be the first step to get a family case recalled and dissmissed

A case was started on my 4 month old and orders were granted over 24 hrs on false info and withholding information the mother didnt have no chance to show are give evidence and a chance to speak and the judge made orders with out verify that my child is on two open cases through the family courts... Read more »

Karen S. Socher
Karen S. Socher answered on Sep 9, 2019

Probably an Ex Parte Request for Orders Modifying the Custody Order and in the alternative an order shortening time to hear your request on shortened notice.

1 Answer | Asked in Child Support for California on
Q: Child support over 18

Child turned 18 and moved in with his birth mom she got me for child support he’s on probation and barley going to school is there anything I can do ? He’s getting tattoos on his face and she lets him do anything he wants !

Andy Cook
Andy Cook answered on Aug 1, 2019

I need to know what court is in charge of this case, i.e., that is, is it in California, where I practice, or Texas, where your question indicates you are from (Houston) and where I am not licensed to practice.

Under California law, child support ends when the child turns 18, unless the...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I retired at 65 (7/18) My ex (46) wants to impute my wages and impose a work search order to an amount I've never made.

Headed to DCSS hearing soon. Motion 1: Father (65) wants modification to increase child support mother owes.(currently at $12 mo for 2 children (10 and 12). Father has no child support obligations and retired July 2018 at 65. I receive $878 in Social Security and $235 for 1 child via my Social... Read more »

Andy Cook
Andy Cook answered on Apr 3, 2019

A spousal support payor may not be forced to keep working beyond the age of 65 just to be able to keep paying spousal support. It is error to impute income to the payor after the age of 65 as to W-2 earnings or self-employment earnings. The court may only look at what you are actually receiving,... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What’s the best way to handle situation

Hi my ex girlfriend texted me stating she went to the Los Angeles county courts to start the process of establishing paternity a couple weeks ago. My issue is I’m currently out of the state for a new job which requires us to complete the training I’m at which is about a month long or forfit the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 31, 2019

If you retain an attorney, the attorney can respond to the petition on your behalf.

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