Angelina Bradley's answer 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 continue to be due, and if you don’t pay it, they can freeze your bank accounts, suspend your drivers license, and take your tax refunds.
Ali Shahrestani, Esq.'s answer 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 himself. 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...
Ali Shahrestani, Esq.'s answer 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 media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
Ali Shahrestani, Esq.'s answer 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 parents/guardians. 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,...
You would first need to start off by filing a petition for dissolution of the marriage to dissolve the marriage. When filing the petition you can address the custody issue and the child support as well. The Department of Child Support Services (DCSS) can be useful in assisting to get your child support payments started, but you first need to get a custody order which DCSS can help you with too. Please let me know if I can be of further assistance.
Richard Samuel Price's answer Yes, he can disclaim his inheritance and he would then be treated as if he had predeceased his mother. The inheritance would then to go whoever would take if he had died before his mother.
Andy Cook's answer You should immediately file a motion to modify child support to zero, or even to have the mother pay you child support.
Beyond that, at the hearing on 11/28/18, you should ask for an equitable offset and a refund because the mother was getting child support even though you had the child or children in a different state.
I am out of the office today, but I will be back on Tuesday at 619-515-9900.
Angelina Bradley's answer If the non-custodial parent made a statement under oath that he knew to be false, then yes, it is possible. But here, you have a paternity action, and he's asking you to prove he's the father prior to child support being ordered. That is not an unreasonable request. And, ultimately, the delaying tactic won't matter. Child support will be ordered retroactive to the date that the order requesting it was filed.
So, let's say you filed in August. He requested testing in October, you get...
Angelina Bradley's answer What is that you want? If you're looking for some sort of child and/or spousal support order, you'll need to file for either Legal Separation or Divorce, then file your Request for Order for support.
Your county courthouse's self-help center should be able to help you start the paperwork, but I'd advise you work with an attorney. You can find many great attorneys here on Justia, including myself.
Good luck, and I'm sorry this is happening to your family.
Angelina Bradley's answer Yes. You can ask for an annual filing of an Income and Expense Declaration. On that form, your ex would need to disclose who lives with her and what they contribute to the household expenses.
If you elect to file a motion to modify child support, you may also request discovery. I would submit written interrogatories (the form interrogatories, FL-145 would work well here), and you can also ask special interrogatories -- questions not asked on that form that are relevant to child support....
Andy Cook's answer This one could go either way. You'd have to look at what he was earning working full-time. If it was a substantial sum, a judge might "impute" the income that he was earning. But to do that, the judge should first find out what his abilities are and whether there are opportunities, including his former job, that match his ability.
If the job was a dead-end job, the judge might be more lenient, especially because imputation is less common for custodial parents (which your ex sound...
Angelina Bradley's answer Hello. What is your question? You have presented an argument to challenge service of a pleading. If this is the argument you wish to make, you'll need to do so at the hearing, either with an attorney or on your own.
You can find many capable attorneys who can assist you here on Justia. Good luck.
Andy Cook's answer If there is an existing child support order, it will be enforced for the past months even if he wasn't working. In other words, he needs to file a motion to modify child support if he wants to lower it. In DCSS cases, the judge has a lot of options. For one, he or she can "impute" income to the father if there's enough evidence regarding ability to work and opportunity to do. And/or two, the court can order the father to make job contacts and set a review hearing. The DCSS could also file...
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