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California Child Support Questions & Answers

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. 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 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 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 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 answered on Mar 31, 2019

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

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on

Q: In the case of child abuse...

if the one parent is accusing the other parent of child abuse but the allegations are false but the child is being abused by someone how to prove who is involved with the abuse.

Marc David Pelta answered on Mar 30, 2019

The facts you shared do raise some important legal issues and rights. And without knowing more, I cannot answer it completely. A CPS (and some counties have had this agency re-named) worker will have to be involved and be open to your information. If she or he sees it your way then that is the... Read more »

1 Answer | Asked in Child Support for California on

Q: I would like to take my baby’s father to court for child support but he has videos of us together before I got pregnant.

Can he use that against me?

Andy Cook answered on Mar 26, 2019

No.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on

Q: In the case of child abuse...

if the one parent is accusing the other parent of child abuse but the allegations are false but the child is being abused by someone how to prove who is involved with the abuse.

Dale S. Gribow answered on Mar 25, 2019

More info is needed to properly evaluate your case.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer...
Read more »

1 Answer | Asked in Child Custody and Child Support for California on

Q: Child support and child custody

Hi the Father of my child is threatening me that he will file for a child custody bec he is going to school from 6am to 6pm every Mon to Fri he wants to borrow the child every Sunday half day and I told him he can borrow the child some sundays but not every sunday and he got mad he told me that he... Read more »

Andy Cook answered on Mar 14, 2019

It's never too late to file for child support, but the sooner you file the better because any order for child support is usually only made effective the date that you file the paperwork -- not any earlier than that. If he's not paying child support now, I would need to know whether it's because... Read more »

1 Answer | Asked in Landlord - Tenant, Family Law, Child Support and Domestic Violence for California on

Q: At the end of lease can I sign without the co tenant i originally signed with?

Relationship is over. Has been abusive but no police report. Children are involved

Dale S. Gribow answered on Mar 10, 2019

More info is needed to properly evaluate your case. It is really up to the Landlord if s/he will accept you as a responsible person to make the rent timely.

However, it is always a good idea to contact a local attorney for assistance if you are denied rental.

In other words, I am...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on

Q: What do I need to do if the other parent of my child has mental, anger & verbal abusive behaviors, with no evidence.

I have life experiences with this parent that indicate these behaviors and other people who have experienced it as well.

Ali Shahrestani, Esq. answered on Feb 4, 2019

Have you filed for child custody and visitation orders? Typically in such requests, you can state your facts, observations, and attach related declarations from witnesses attesting to these allegations. Are you in divorce proceedings already? More details are necessary to provide a professional... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for California on

Q: supervised visits have been revoked due to cancellations. Can parent with physical custody alienate child. 50/50 legal

Is he allowed to keep my daughter alienated from me if we share 50/50 legal custody

Ali Shahrestani, Esq. answered on Feb 1, 2019

If a court order requires equal custody and the other parent is violating that order, you may have a basis to file a motion for contempt of court order and a motion to modify the custody as well. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

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1 Answer | Asked in Child Support and Family Law for California on

Q: File for child support after 10years

My partner have a 10 yo son, he have spend time with him every other month because the mother did not allow it but never file for CS everything was the same until after she find out we were having a second child she called him upset asking him why he is having more kids when he can’t take care of... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

It's necessary to reply to the child support papers within the time limit, and if he wants more time with the child he can request child custody and visitation via filings along with his reply. Money he has paid in the past typically has no relevance to current and future child support payments.... Read more »

1 Answer | Asked in Family Law and Child Support for California on

Q: Can a custodial parent, living in Hawaii, request child support in the state of Hawaii if her children reside in Florida

Mother was finishing college in Hawaii when she requested child support. She moved her children to the state of Florida.

Angelina Bradley answered on Jan 28, 2019

If you’re saying the custodial parent is not actually on physical custody of the children, you may have grounds to request a modification of support. But that facts aren’t entirely clear here. You’ll want to consult with an attorney in the state that issued the support order.

Good luck.

1 Answer | Asked in Child Support for California on

Q: California Do I really need to pay childsupport when he doesn’t have custody anymore?

He had custody for three months he got childsupport on me because he got foodstamps once

He lost custody because he left my baby alone after a physical altercation with another woman

I refuse to go to court or talk to a social worker. He said a social worker said I have custody.... Read more »

Angelina Bradley answered on Jan 7, 2019

If you refuse to go to court, then yes, you have to keep paying child support and they can keep denying you custody.

You need to make a choice. You can go to court, get the child support modified, and ask for custody back. Or you can keep things the way they are. Child support will...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for California on

Q: Divorce from california involving child custody

My husband divorce ex from California to alabama she signed it saying she gave him sole physical custody in california even tho she has had the child his entire life. He has paid all his child support and has tried contacting her countless times even offered to pay all expenses so he could visit... Read more »

Ali Shahrestani, Esq. answered on Jan 2, 2019

If the child resides in CA, the father can file for paternity, visitation, and child custody rights in CA courts, and he would need to have the documents filed on the mom via a process server. CA Courts' website provides necessary forms and self-help instructions, if he chooses to represent... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on

Q: Child abandonment or child neglect? Is the situation grounds for filing a case against the parents?

When the baby was born, CPS was called in because of the mother's (narcotic) history and baby's lab results but the case was closed. Now, both parents of the child (mother "was" drug dependent but "claimed" rehab and the father is unemployed with presumed gambling addiction) are unfit and are... Read more »

Ali Shahrestani, Esq. answered on Jan 2, 2019

You can call CPS and the police to report child abuse/ neglect. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Family Law and Child Support for California on

Q: Friend's teenage son got teenage girlfriend pregnant. Who is responsible for child support?

Hello,

This question is for a friend of mine. Her name is April. She and her husband live in California and have a teenage son (15) who just got his girlfriend (16) pregnant. She is uncertain about what her and her husband’s legal responsibilities are regarding child support. She sought... Read more »

Ali Shahrestani, Esq. answered on Jan 2, 2019

Sex with a minor is a criminal offence in CA, as consent is invalid for minors. As for child support, her parents/ guardians and counsel may help her file for custody and child support after the child is born. He would be the named respondent, and he may respond with the help of counsel and his... Read more »

1 Answer | Asked in Child Support for California on

Q: Do parents in California have to pay child support to children over the age of 18?

My brother's childhood friend is still paying child support for his 24 year old daughter who has been in the Air Force for over two years

I cant begin to imagine why his child support payments are still going on. his ex wife would have gone after him for child support soon after the... Read more »

Angelina Bradley answered on Dec 18, 2018

Child support in California typically ends when the child turns 18 or graduates from high school, whichever is later.

If he's still been paying, and can show record of the payments, then he should file a motion with the court to terminate child support and recoup the overpayment from the...
Read more »

1 Answer | Asked in Child Support for California on

Q: How much should I get for child support if I take care of our child full time and not currently working?

Angelina Bradley answered on Dec 10, 2018

Child support's three primary factors are:

1) What is the time share?

2) Income of the custodial parent

3) Income of the non-custodial parent

But the court can take several other things into account, e.g. whether you have the ability to work full-time, the cost of...
Read more »

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