California Child Support Questions & Answers

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....

Q: i been Married for 4 years now but been separated for 3 . My husband was currently in jail

2 Answers | Asked in Child Custody and Child Support for California on
Answered on Oct 17, 2018
Angelina Bradley's answer
Hi there. An annulment is an option for ending your marriage when there’s a mental incapacity issue.

It is different than divorce, but the end result is the same — the end of your marriage.

You should speak with an attorney to discuss the differences and how to move forward.

I’m happy to consult with you and I offer both full and unbundled services.

Good luck.

Q: I have a existing child support order do I have to fill out a fl-150 form when filing for divorce?

2 Answers | Asked in Child Support, Divorce and Family Law for California on
Answered on Oct 12, 2018
Angelina Bradley's answer
The short answer is yes. If you want the court to make financial orders (child support or spousal support or attorney fees), you'll need to file an FL-150.

You will need to complete and serve an FL-150 on your spouse regardless as part of your Preliminary Declarations of Disclosure.

Good luck.

Q: My ex has worked full time for over a year and has decided to go to school and only work 20hr a week. now wants more CS

1 Answer | Asked in Divorce and Child Support for California on
Answered on Oct 9, 2018
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...

Q: How can I poop a service say one thing then the response declaration from Child Support contradict proof of service

2 Answers | Asked in Child Support, Civil Litigation and Family Law for California on
Answered on Oct 9, 2018
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.

Q: My 17 yr old daughters father owes $26k in back child support. Can he have a judge forgive the arrears he owes?

1 Answer | Asked in Child Support for California on
Answered on Oct 8, 2018
Angelina Bradley's answer
Arrests are rarely forgiven. Still, I’d consult with an attorney to discuss the specifics of your case. Good luck.

Q: DCSS is involved they find his employer and estimated his earnings but he just stop working again 1 week before court.

1 Answer | Asked in Family Law and Child Support for California on
Answered on Oct 8, 2018
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...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.