Get free answers to your Child Support legal questions from lawyers in your area.
TRO filed in Van nuys(hearing 03/23) on 02/28 and Divorce filed in los angeles on 03/10. I consolidated wife's TRO with my FL-100, but TRO is related matter with child, and the new TRO hearing in LA is scheduled on June, 05 - so horrible. I have a strong cause to request to advance the TRO... View More
answered on Mar 10, 2023
First, it's important to consult with a licensed attorney in your area who can advise you on the specific forms and procedures that are required in your case. A lawyer will be able to review your situation in detail, provide you with legal advice and help you prepare the necessary forms and... View More
Jane got and served TRO at "A" court against John. TRO hearing date is March-23. He immediately filed FL-100 at "B" court and wants to transfer Jane's TRO to his location court. Both courts are located in Los Angeles county. In that case, what form should be filed to... View More
answered on Mar 10, 2023
To transfer the TRO from Court A to Court B, John should file a Request for Transfer of TRO (form DV-124) with Court A. The form should include the reason for the transfer and a copy of the FL-100 filed with Court B.
If John files the Request for Transfer of TRO on March 10, the TRO hearing... View More
I have 50/50 custody of my 17 year old daughter with my ex. He moved out of our home state (California) to Texas and has not seen my daughter once in over two years. He has paid me $275 (total) in expenses in the last two years. I have paid for her entire wellbeing (medical, food, etc.). It... View More
answered on Mar 8, 2023
In California, a child support order can be modified if there has been a change in circumstances since the original order was issued. This could include a change in income, a change in custody or visitation arrangements, or a change in the child's needs.
Based on the information you... View More
Today my TRO was, in fact, granted, but the judge reserved it until I file an RFO, as noted on the DV-109. I am confident that the judge will assist me. However, I was not familiar with the RFO form, and the judge's assistant instructed me to file FL-300 instead. My wife, who is a foreign... View More
answered on Mar 7, 2023
It sounds like you are going through a difficult time, and I understand that this can be confusing and overwhelming. In regards to your question, it's best to consult with an attorney who specializes in family law and has experience with these types of cases. However, here is some general... View More
answered on Mar 6, 2023
Under California law, both parents have an ongoing duty to disclose any changes in their income to the court and the other parent. This duty extends to any bonuses, overtime pay, or other forms of income that may be earned in addition to regular wages.
If either parent experiences a change... View More
We're married and no any court order about family law. I mean 100% clean about family lawsuit and condition in default. My wife took 3yo child away from me 2.5 weeks ago without my consent or court order and whereabouts is unknown. My guess they are staying in the same county shelter, so DA... View More
answered on Mar 5, 2023
A Temporary Restraining Order (TRO) is a court order that prohibits a person from engaging in certain activities, such as contacting or coming near the protected person or child. A TRO can be obtained quickly, without notice to the other party, and is intended to provide immediate protection in... View More
The protected person is our 3yo child and restrained person is my wife. I filed as "through guardian ad litem by" on child name. In that case, can I serve DV-100 to wife? or I need still a 3rd party to do that? Thank you!
answered on Mar 5, 2023
In California, a person can file for a restraining order against someone who has abused or threatened them or their child. The restraining order can include provisions that prohibit the restrained person from contacting or coming near the protected person or child.
In your case, if you... View More
apparently my EX destroyed her boyfriend's at apartment . my question is am I able to use a affidavit or a mc-030 and any police report (if any) for my case to show the judge how she is?
answered on Feb 28, 2023
If you are going back to court to seek custody or visitation rights, you may be able to use police reports or affidavits to support your case. Police reports can provide evidence of your ex-spouse's behavior, and affidavits can be statements made under oath by witnesses or parties involved in... View More
I have a court document from child support from Dec 2022 that says Federal tax filing for tax year 2022 NCP(him) as Single and me as head of household. Number of tax exemptions federal for him is 1 while mine says 2 for the state one it says same as federal. On the next page it says “ state tax... View More
answered on Feb 28, 2023
Under California law, both parents may be entitled to claim a child as a dependent for tax purposes, depending on the specific circumstances of the case. However, if there is a court order or agreement in place regarding the issue of claiming the child as a dependent, that order or agreement will... View More
Judge noted two things on DV-108. b. (2) - The facts given in the request (form dv100).....and
she wrote this in person. " If request custody order may make separate request by file RFO".
what did she mean? I opened the case with FL300+other forms last week. and filed... View More
answered on Feb 27, 2023
It sounds like the judge denied your DV100 and DV110 (TRO) request and noted that the facts given in the request may not have been sufficient to grant the TRO. Additionally, the judge recommended that if you want to request a custody order, you should do so separately by filing an RFO (Request for... View More
she claimed I never gave her my address (I DID) and knows were I live she never properly served me just sent me a screen shot of when the mediation and court is.
Do I need to be properly served? What Paperwork do I need to submit into the courthouse?
(Example FL-150 Income and... View More
answered on Feb 27, 2023
In California, you are required to be properly served with legal papers, including a petition for a change in child custody, support, and visitation. This means that the papers must be delivered to you in a specific way, such as by a process server or by certified mail with return receipt... View More
she claimed I never gave her my address (I DID) and knows were I live she never properly served me just sent me a screen shot of when the mediation and court is.
Do I need to be properly served? What Paperwork do I need to submit into the courthouse?
(Example FL-150 Income and... View More
answered on Feb 27, 2023
Yes, you do need to be properly served. If you moved you are required to file and serve a notice of change of address of record with the court (and serve it on the other parent). Although you may not have been properly served, do you really want to risk not participating in the mediation or the... View More
20 yr old son is high functioning autistic with learning disabilities and not yet capable of launching. Is in jr college. Is not able to both work and go to school. Needs support still to help success chances later in life
answered on Feb 27, 2023
In California, child support generally ends when the child turns 18 or graduates from high school, whichever comes later. However, there are some exceptions to this rule.
If the 20-year-old son has a disability that affects his ability to work and support himself, he may be eligible for... View More
My spouse and I are married. If the custodial parent does not request parenting time, and the judge does not issue an order to that effect, can the non-custodial parent, who has no court-ordered visitation or parenting time, be allowed to return home and live permanently with the family, and spend... View More
answered on Feb 26, 2023
If one parent has sole legal and physical custody of a child, they have the authority to make decisions about the child's welfare, including decisions about visitation with the non-custodial parent. In general, the custodial parent can allow the non-custodial parent to spend time with the... View More
I filed a DV100 in court at 4 PM on Friday, and I believe the documents have not yet been reviewed by the judge's office (4th FL). However, upon reviewing the paperwork, I have discovered significant errors that would result in the case being denied. As this is an urgent matter, I cannot wait... View More
answered on Feb 25, 2023
If you filed a DV-100 in California and you want to withdraw the filing, you can file a Request for Dismissal (Form CIV-110) with the court. Here are the steps you can take:
Obtain Form CIV-110: You can obtain this form from the California Courts website or from the court clerk's... View More
The reason is that caregiver ( my sister) we had a small dispute regarding family matters over text and I mentioned to her since my next court day is coming and since they took my child from her mom doing drugs not me ok I was already out the house 6 months prior to this but I was still seeing my... View More
answered on Feb 24, 2023
In California, Child Protective Services (CPS) cannot deny a parent's visitation rights without a court order, except in cases where there is a risk of harm to the child during the visitation. If you have a court-ordered visitation schedule with your daughter, CPS must follow that order unless... View More
Last week, my foreign wife took our 3-year-old child away from me without my consent or a court order, and her phone has been turned off since then. As she has no ties in the USA and has only lived with me in my apartment for less than a year, I filed a Petition for Custody yesterday and an Ex... View More
answered on Feb 22, 2023
I'm sorry to hear that your Ex Parte for Emergency Custody was denied. It sounds like a difficult situation.
Regarding the door posting service method, this is a way to serve someone with legal papers when you are unable to locate them. However, the requirements for door posting... View More
Victims
answered on Feb 21, 2023
If you are a victim of someone keeping a child away from a parent, there may be legal options available to you. Here are some steps you can take:
Document the situation: Keep a record of all interactions with the other person, including dates, times, and what was said. If possible, get... View More
Married. No prev family cases, but this afternoon, I went to court and filed several forms, including Form 260,150,105..etc. My foreign wife left home with our 3-year-old child, who has autism, last week and I don't know their whereabouts. I have tried calling and texting her almost every... View More
answered on Feb 21, 2023
If you are unable to locate your wife and serve her with the Ex Parte Application (Form 300) within the 24-hour time period required by the court, you may be able to request a waiver of notice or state that notice is not possible on Form FL-303. Here are some steps you can take:
Complete... View More
Me and the mother lived together when the order was put in by the clerk. She also received welfare without my knowledge during that time frame .she told the welfare office I didn't live in the home. Fraud?
answered on Feb 20, 2023
To file a motion to set aside a child support order in California, you can follow these general steps:
Fill out the Request for Order form, which can be found on the California Courts website.
Check the box for "modification of child, spousal, or family support."... View More
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