California Child Support Questions & Answers

Q: Child support and child custody

1 Answer | Asked in Child Custody and Child Support for California on
Answered on Mar 14, 2019
Andy Cook's answer
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 there is no order in effect or whether it's because there is an order but he is simply not in compliance.

It is hard to answer your custody/visitation question because it is so specific and...

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

1 Answer | Asked in Landlord - Tenant, Family Law, Child Support and Domestic Violence for California on
Answered on Mar 10, 2019
Dale S. Gribow's answer
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 in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.

Most criminal and accident lawyers will offer a free consultation to review the facts.

Call a...

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

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
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 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/...

Q: supervised visits have been revoked due to cancellations.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

2 Answers | Asked in Divorce, Family Law and Child Support for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
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 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,...

Q: File for child support after 10years

1 Answer | Asked in Child Support and Family Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
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. 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,...

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

1 Answer | Asked in Family Law and Child Support for California on
Answered on Jan 28, 2019
Angelina Bradley's answer
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.

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

1 Answer | Asked in Child Support for California on
Answered on Jan 7, 2019
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.

Good luck in whatever you choose.

Q: Divorce from california involving child custody

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Answered on Jan 2, 2019
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...

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

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Answered on Jan 2, 2019
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 &...

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

1 Answer | Asked in Family Law and Child Support for California on
Answered on Jan 2, 2019
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,...

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

1 Answer | Asked in Child Support for California on
Answered on Dec 18, 2018
Angelina Bradley's answer
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 mother.

I'm happy to consult with him if the case is in San Diego county.

Good luck.

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

1 Answer | Asked in Child Support for California on
Answered on Dec 10, 2018
Angelina Bradley's answer
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 child care if you were to work, hardships, extraordinary expenses.

You should consult with an attorney to get a better assessment of what support could look like in your case. But you can play...

Q: My ex wife is trying to claim retro CS because I am making more money. Retro for 2 yr. she did not file a motion bk the

1 Answer | Asked in Family Law and Child Support for California on
Answered on Dec 7, 2018
Andy Cook's answer
Under California law, a motion to modify child support may be made retroactive, at the earliest, to the date the motion to modify was filed with the court.

Q: What steps do I take to start divorce proceedings with my estranged husband who left California and started over already

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Answered on Nov 21, 2018
Vernon Charles Tucker's answer
Ms. Webster,

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.

Vernon C. Tucker...

Q: My Exes Mom Died and the estate is in probate, Can he disclaim his inheritance and avoid paying back child support?

2 Answers | Asked in Child Support, Estate Planning and Probate for California on
Answered on Nov 13, 2018
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.

Q: single father custody of children paying 633 a month in child support court case 11/28/18

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Answered on Nov 9, 2018
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.

Q: Can the noncustodial parent get in trouble for lyingabout not being the father just to get away for not paying Child su?

1 Answer | Asked in Child Support for California on
Answered on Nov 7, 2018
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...

Q: My child's father refuses to pay child support, what resources do I have? and how can I get him to help pay for daycare?

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Answered on Nov 2, 2018
Angelina Bradley's answer
Contact your county's Department of Child Support Services to open an enforcement case. Bring your existing child support order. They'll be able to assist.

Good luck.

Q: Good Morning, What is the proper way to handle financial needs when a husband/father separates?

1 Answer | Asked in Child Support and Family Law for California on
Answered on Oct 19, 2018
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.

Q: Ex wife and new husband have Multiple incomes

1 Answer | Asked in Child Custody and Child Support for California on
Answered on Oct 17, 2018
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....

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