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California Child Support Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: Is there a lawyer that can help fix this ?

After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 30, 2022

You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial... Read more »

1 Answer | Asked in Family Law, Immigration Law, Child Support and Juvenile Law for California on
Q: im 17 years old and my mom forcing me to go back to my country. When i turn 18 can i come back to US?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Apr 11, 2022

In most countries, when you turn 18 you are considered an adult and can therefore make your own decisions. In the US, 17 year olds are still considered minors and therefore, unless you are able to get "emancipated" then you have to obey your family. Once you turn 18, you can apply for a... Read more »

1 Answer | Asked in Child Support for California on
Q: I’m a Realtor in California and my license was suspended two months ago due to an error from child support.

My listings and my clients have been on hold also checks for me. I worked one month with a suspended license until a client complained and that’s how I found out.

Eliza Jasinska
Eliza Jasinska
answered on Mar 28, 2022

Please discuss this with the family law attorney. You might qualify for a set aside due to the lack of notice/

A family law litigant may be able to obtain a set-aside of a default and a default judgment for support based on a lack of notice of the action. However, a successful set-aside...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am I have to pay alimony if my spouse lives with her parents?

We are divorcing because my wife wants her parents to live with us in one house, of course, I do not agree. Therefore we are splitting so that she can live with them.

My question now is: I am I have to pay alimony if my spouse lives with her parents?

By the way, she makes slightly... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Feb 22, 2022

There are numerous statutory factors that go into the decision as to whether spousal support should be paid, in what amount and for what duration. If she is able to support herself and maintain the lifestyle to which the parties became accustomed during the marriage based solely on her own income,... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for California on
Q: Recieved a change of counsel motion from the mothers attorney. Also received dismissal docket notice. Do I ignore it?

I am the respondent in a family court case. I represent myself. 2 years have passed since the case was filed. It is now on the dismissal docket notice for March. Last week I recieved an email with a change of attorney motion from the plaintiff. They said they need me to sign off on it cuz... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 28, 2022

You do not need to consent to the other party's motion to be relieved as counsel. As to your question regarding a dismissal, you have not provided enough information. The court does not ask parties if they want their case to be dismissed. It doesn't work that way. If you do want your... Read more »

1 Answer | Asked in Child Support for California on
Q: Can I File A Motion For Modification On My Child Support Order without a Lawyer?

On August 2021 I Got served for Child Support. I then missed all the mail that was sent to my home because I Had Moved Out for a few months for personal reasons. So without being aware , its turns out they had sent mail for me to apear in court On Dec 22nd for the 1st hearing . I was completely... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 27, 2022

Please discuss your case with an attorney. A modification may be retroactive at most, however, to the date of service of the notice of motion or order to show cause. There are neither equitable nor statutory grounds to modify child support before the date of filing of the motion, and the court may... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I need to know what my rights are as a father who is going through a separation as to custody of my children.

There is a open separation in the courts. The mother believes that I am not allowed physical custody of my children. The reason for the separation has nothing to do with the children. It’s issues between me and her with trust on both sides. But I want to make sure that as the separation goes... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 16, 2021

Generally speaking, both parents have equal rights to custody of their children. Courts favor parenting plans that give the children frequent and continuing contact with both parents. The exception would be a situation in which being with one (or both) parents poses a threat to the health, safety... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Can husband be awarded spousal support from wife, if he's paying child support to wife?

CA Divorce

9 years, 3 months marriage

2 minor children: 14, daughter; 11, son

Husband earns $48,000

Wife earns $95,000

Proposed order on child support is $636 to wife/mother. Husband is requesting spousal support from wife. She's staying in the home (4... Read more »

Stephen Peter Anderson
Stephen Peter Anderson
answered on Nov 5, 2021

Support is generally calculated using the gross incomes of the parties, and the visitation percentage. Other deductions from health insurance, union dues, mandatory retirement, etc. are also inputted. Expenses of the parties are not considered. Spousal support, temporarily (before final judgment)... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for California on
Q: Noncustodial party convicted of fraud in support claim. Can custodial party have case info sealed?

Single, solo dad here, Los Angeles, with full physical/legal custody of my son for more than five years now. Shortly after the other parent lost all custody rights years ago, she filed a child support claim from a different county, and collected thousands of dollars, with the County of L.A. CSD... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 27, 2021

more info is needed.

i would retain a lawyer in your area to make a motion to add to the calendar and then move to remove it from your record with the proper evidence.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Lawyer charged me for court cost for her to separate as my lawyer but case ended 6 months ago??? Please help

Hired her 8-23-20 last day in court was in 10-06-20. When case finished, we hug and i thank her. Well 6 months later i started getting invoice for my case?? At first she just told me it was just a covid letter they sent to all of their clients. I inform her my case ended 6 months ago and i have... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 26, 2021

much more info is needed.

it sounds like the case is still alive if the lawyer is making a motion to be relieved as your attorney.......i assume that is what is happening and s/he is charging you to do that.

i would send a letter memorializing ALL the facts. if the facts warrant it,...
Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Hello my name is Robert. I received a letter from the dmv saying my license will be suspended effective jan 23 2022.

I was laid off last year and just a month ago I just got another job and I'm behind on payments child support how can I get help for them not suspend my license because I need it for transportation to work. My other question is my ex open child support on 2009 in on 2012 my oldest daughter... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 14, 2021

CSSD has a payback program so you can make payments on the arrears. You can also schedule a hearing for yourself on the issue of relief from getting your license suspended. I also recommend you seek a modification and for forgiveness of the debt incurred during the period your 12-year-old was... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I’m a single unwed mother of a 10month infant. What rights do I have if my sons father is taking me to court for 50/50

Me and my son reside in riverside county and I work from home and have had him since birth. His father resides in la county and works full time and is barely home. Hardly sees his son only recently started after filing paperwork to take me to court .he wants to circumcise my son who is 10 months... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 10, 2021

Retain legal counsel. You need to make the right arguments, properly submit your evidence and properly cite the law in responding to the father's requests. A 50/50 schedule between two counties for a 10 month old is unlikely going to be seen by the judge as in the child's best interests.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Dad tested positive for COVID. My daughter is negative. We are 50/50. He wont negotiate his time. What can I do?

We are one week on/off. He wants to pick her up even though his whole household tested positive. She is negative and I don’t want her to get sick. I told him I would give him back his time or use vacation days while I have her till his family gets a negative Covid test. He won’t have any of it... Read more »

Paramprit Bindra
Paramprit Bindra
answered on Aug 5, 2021

1. Try talking to the father again.

2. You may file a Request for Temporary Emergency (EX Parte) Orders and ask that no visitation to Father.

3. Depending on which county you live in you may consider filing a good cause report, but usually filing one requires immediate threat of...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: If I marry a woman with children from prior relationship can I be responsible to pay child support if we have a divorce

The biological father is not on child support I'm not sure if I would be afforded the same luxury if we were to divorce later down to the line

Ryan  Beiser
Ryan Beiser
answered on Aug 3, 2021

No, unless you legally adopt them.

1 Answer | Asked in Divorce and Child Support for California on
Q: I am trying to find out what I would have to pay for child support as well as spousal support?

Is there a way to figure this out?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 3, 2021

There's not enough information here to provide an answer to your question. You need to call an attorney directly and provide that attorney with yours and your spouse's income information and with your parenting plan

1 Answer | Asked in Child Support, Domestic Violence and Family Law for California on
Q: Child support and threats to harm if I go through court.

Was in an abusive relation for 22 years. August 2018, finally left. Agreed on $200 wk child support (even though he makes a lot of $ & I was stay @home mom.) By Sept, I hadn’t received anything from him. Filed paperwork through court. He found out & freaked out. He sent text msgs saying... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jul 26, 2021

you need a lawyer...............NOW.

preserve the messages, so you can present them to the court.

you want the court to make an order.

Most of us on the DV or Criminal section do not do family law.

I would encourage you to get a local lawyer or contact Legal Aid etc.

1 Answer | Asked in Consumer Law, Tax Law and Child Support for California on
Q: I paid 2,100 for my son's field trip to washington dc before corna, but they only gave a refund for 1,800 (late corna).

I paid 2,100 for my son's washington dc trip which was before corona started, but they only gave me a refund of 1,800 which was 300 less than what i even paid and said its for the processing fee??? Can i sue them?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 25, 2021

Sure, why not?

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Do I have to take my child home to their mom if I have to pay child support- Does it establish custody?

I am paying child support and have been considered present less that 10% of the time. However, my child’s mother does not want to give my child to me. She only drops her off when convenient and will not give her to me even on my days off. Instead she drops them off at a caretaker and says my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 19, 2021

Sounds like you are paying support without any enforceable court orders regarding custody. If you want custodial time with your child, you need to petition the court for those orders. Otherwise, Mom can pretty much do whatever she wants.

1 Answer | Asked in Child Custody, Child Support and Civil Rights for California on
Q: My 6year old child's father has had no contact entire life + no custody order exists. Never married wont give him back

Recently my sons father contacted me for the first time after not having heard a word from him three years and wanted to see my son. Prior to this he had only seen him twice when my son was three and then went to prison for two years. Legal paternity has not been established nor is his name on my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 20, 2021

You open with saying that no custody orders exist. If no custody orders exist then what the father is doing is not in violation of any court orders. That's why the police can't help you. File a parentage action and ask for sole legal and physical custody. Concurrently with your... Read more »

1 Answer | Asked in Child Support and Domestic Violence for California on
Q: 2021-Can child support be stopped if the fathers is incarceration for domestic violence against the non custodial paren?

I was told my a child support DA that bill is no longer in effect. However...I am reading different through research.

Dale S. Gribow
Dale S. Gribow
answered on May 26, 2021

this is not so much a criminal/domestic violence question as it is a Family Law issue.

maybe repost with family law attorneys.

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