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California Child Support Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: The grandmother of my child is custodial guardian as a third party can she child support me

Even tho the mother tried to child support me but was denied since I had receipts of Al the things I provide such as clothes, food, school supplies etc. can they try to child support me again and how can I prevent them from getting any money from me

Martha Bronson
Martha Bronson
answered on Jan 24, 2024

In California the court ordered guardian has the right to seek support from the child's parents. Money you spend for the needs of your child can be used as offsets. Adoption would end your parental rights and all financial liability.

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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Does employment affect child custody?

I intend to pursue custody of a child living in another county. I am currently paying child support based of my income. I have to opportunity to attend school and pay from savings. Ideally, I would like quit my job and pursue college full time. Would this affect a decision in court for custody?

James L. Arrasmith
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answered on Jan 22, 2024

In California, when determining child custody, the court primarily considers the best interests of the child. This includes assessing factors like the health, safety, and welfare of the child, along with the nature of the relationship each parent has with the child.

Your employment status...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: My ex says he's moving to Spain. He wants to take my older daughter and not the younger one. What should I do?

I don't want the kids to be split up, I want them to grow up together. My eldest just turned 13 and likes the idea of living in Spain, but I don't think she fully understands what it means to go live far away from her sister and her mother, indefinitely. I don't mind if my ex moves... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 16, 2024

He can't just move to Spain with one of your children. If he wants to relocate and to take one or more of your children with him, he will need a court order allowing him to do so. He'll need to seek an order modifying existing custody orders to include a move-away request. Before such... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: My ex says he's moving to Spain. He wants to take my older daughter and not the younger one. What should I do?

I don't want the kids to be split up, I want them to grow up together. My eldest just turned 13 and likes the idea of living in Spain, but I don't think she fully understands what it means to go live far away from her sister and her mother, indefinitely. I don't mind if my ex moves... View More

James L. Arrasmith
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answered on Jan 16, 2024

In California, child custody and support matters are guided by the best interests of the children. If your ex-husband plans to move to Spain and take only one child, this decision must be evaluated by the court, especially if it contradicts existing custody agreements. Since he has expressed this... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Attorney Was Dismissed Right After Hearing.

I had a court hearing on December 15th. The attorney who was ordered to prepare the proposed order was dismissed on December 18th. The opposing party’s attorney promised to send the proposed order on December 20th, but it was not sent until January 15th. If the opposing party sends me a proposed... View More

James L. Arrasmith
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answered on Jan 15, 2024

Under California Rule of Court 5.125, there are specific timelines for the submission of a proposed order after a hearing. However, refusing a proposed order solely based on a delay in its delivery can be complicated. The court expects parties to act in good faith, and delays can sometimes be... View More

2 Answers | Asked in Divorce, Family Law and Child Support for California on
Q: Is $75 a month for a 7yr okay?

Dad only picks up every other weekend Friday-Sunday. Our daughter resides with me (mom) the rest of the days and weeks.

James L. Arrasmith
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answered on Jan 12, 2024

In California, child support is determined using guidelines established by state law. These guidelines take into account various factors, such as the income of both parents, the amount of time each parent spends with the child, and any special needs of the child.

Given your situation, where...
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2 Answers | Asked in Divorce, Family Law and Child Support for California on
Q: Is $75 a month for a 7yr okay?

Dad only picks up every other weekend Friday-Sunday. Our daughter resides with me (mom) the rest of the days and weeks.

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 13, 2024

Do you mean $75/month for child support? Without further information it is not possible to answer this question. Child support is calculated using an algebraic formula that factors in each party's income, certain deductions, the child's age and the percentage of time each parent has... View More

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1 Answer | Asked in Divorce, Family Law, Child Support and Civil Rights for California on
Q: Why am I being charged 10 years of child arrears, if my ex husband in court was charged with parental-child abduction?

I went to court , got a divorce. Child support decided not to attend. After looking over my paperwork prior to court. The judge was shocked, beings we had 4 children. My ex hid 3 of my children from his family, my family etc He was charged with Parental-child abduction in Oregon. Yet, I am paying... View More

Robert P. Taylor
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answered on Jan 6, 2024

Generally, once there is an order for child support, there is an order for child support and it stands until it's modified. It sounds like there was an original order against you and you never specifically filed a motion to terminate or lower child support. Absent that, the child support... View More

Q: I got a 2003 Motion to support case against me. I wasn't there or even knew about it.

My wife found child support CSSD and they only sent me the judgement. Nothing else. I found out it was my mom who opened in 2003. She pretended to be the girl and reopened it for her gain. My mom knew the child wasn't mine because I found out it is my dad's and my mom is covering it to... View More

James L. Arrasmith
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answered on Jan 4, 2024

In California, if you are facing a child support case based on false information or identity fraud, it's important to take immediate legal action. The complexity of your situation, involving potential identity fraud by a family member, requires careful navigation.

Firstly, gather all...
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1 Answer | Asked in Child Support, Family Law and Probate for California on
Q: My husband and I legally separated in California. Can a sibling claim his body if he dies in another state.

My husband and I legally separated years ago and physically separated over 5 years ago (he moved to another state) If he dies in that state can a sibling in that state claim his body and can I still receive a death certificate for matters that require filings. There is no will.

James L. Arrasmith
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answered on Jan 4, 2024

In California, when a person dies without a will, the right to claim their body typically falls to the closest next of kin. As a legally separated spouse, you generally retain some rights, but these can vary based on specific circumstances.

If your husband passes away in another state, the...
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1 Answer | Asked in Child Support and Family Law for California on
Q: Mom is the higher earner & has the 17yr.dad makes much less.she served me CS paperwork for $400.will judge agree with he

Mother broke up with me and kicked me out.she already had me signed all our property and apartment over to her.she kept our vehicle and claims all our kids on her taxes.mother said she will continue to support our 17 year since I had lost my job.left me on the street.now she changed her mind and... View More

James L. Arrasmith
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answered on Jan 2, 2024

In child support cases, California courts generally consider both parents' incomes and the amount of time each parent spends with the child. If the mother is the higher earner and has primary custody, this will be taken into account in determining the child support amount.

Since you...
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can I claim all of my kids for tax purposes.

In late January 2023 I was granted full physical custody of 4 of my children. In April we had a hearing for child support where the judge ordered the petitioner to pay child support, at the same hearing we let the judge know my 3rd oldest child wanted to stay with dad (petitioner) and I would get... View More

James L. Arrasmith
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answered on Jan 2, 2024

The right to claim children for tax purposes generally aligns with custody arrangements and support orders. If a judge has indicated in a hearing that you are to claim all the children for tax purposes, this typically should be followed. However, without a formal order or minute order, the IRS may... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my siblings mother separate me from my siblings Okay, my siblings mother trying her best to do a problems in my

Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else... View More

James L. Arrasmith
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answered on Dec 31, 2023

In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Do i have to appear in court for a show cause hearing against my ex for unpaid child Support? I live out of state now.

The case is open in Marin County, CA. My ex husband has never made one court ordered payment so the arrearage amount is substantial. There is a show cause hearing scheduled in 4 weeks. I am listed as the plaintiff. However, I did not file for this. The courts did this on their own. I... View More

James L. Arrasmith
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answered on Dec 28, 2023

In a child support case, a show cause hearing is typically scheduled to address non-payment of child support. If you are the plaintiff, it's generally advisable to attend the hearing if possible, even if you live out of state. Your presence can help ensure that your concerns and the facts of... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and International Law for California on
Q: Hi! can I get emancipated in the USA as a 16 year old foreigner? Im also planning on moving there at the same time.

I don't have parental consent and I provide everything for myself and right now i live alone and will still be living alone in the US. The country I live in does not have a possibility of emancipation.

James L. Arrasmith
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answered on Dec 28, 2023

Hi! In the United States, emancipation laws vary from state to state, and not all states have specific laws regarding emancipation. Generally, emancipation is a legal process that allows a minor to become legally independent from their parents or guardians. To seek emancipation, you typically need... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I was served with TRO & Divorce papers and there was a mediation session scheduled. what to do/not to do?

Need info on below

1)What is LA Court mediation?

2)Is it attended by only the petitioner and respondent? or attorney's involved?

3)What can be the outcomes of the mediation session

4)Is it regarding Child Custody/support as a minor child is involved in my case?... View More

James L. Arrasmith
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answered on Dec 22, 2023

Under California law, LA Court mediation is a process where a neutral third party helps the involved parties to reach a mutual agreement on their disputes. It's often used in family law cases, including divorces and issues related to child custody and support.

Typically, both the...
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1 Answer | Asked in Child Support and Family Law for California on
Q: why didnt the judge ask for any proof from the mother about paying her mom rent for the child to live with her or how mu

child's mother withheld fact child no longer lives with her from me and D.C.S.S. only see's child maybe 2 times a week yet gets 100% time spent with child credit, i get 0% because mom nor child bothered to tell me they moved out of town. i would try to schedule visits with the child but... View More

James L. Arrasmith
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answered on Dec 21, 2023

In California, child support decisions are typically based on each parent's income and the amount of time they spend with the child. If the mother's living situation or the actual time spent with the child differs from what was reported, this could affect the child support calculation.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Does father have right to keep child?

My child’s father has recently asked to be involved. Prior to reaching out, we went to child support court and paternity was established through court ordered dna test. Child support was set at 0% visitation. He is also not on the birth certificate. Could he take her from me if we have no... View More

James L. Arrasmith
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answered on Dec 14, 2023

In California, both parents have rights regarding their child, but these rights need to be legally recognized and structured, especially in situations where there's no established custody arrangement. Since paternity has been established and child support set, the father does have certain... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: If my current boyfriend is paying for my children's costs because their biological dad refuses - can my boyfriend sue?!

My baby daddy has refused for over 6 months to support his children. My boyfriend is having to pay for everything as I'm a stay at home mom with two under two and can't work at the moment because childcare would cost more than I'd make. Can my boyfriend sue my baby daddy for being... View More

James L. Arrasmith
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answered on Dec 13, 2023

Under California law, your boyfriend, as a non-biological parent, generally does not have legal standing to sue the biological father for child support. Child support obligations are typically the responsibility of the biological or legally recognized parents. However, your situation does not leave... View More

2 Answers | Asked in Family Law and Child Support for California on
Q: What qualifies as proof of daycare?

Co-parent is saying that her mother is increasing her rates for daycare, we currently split daycare costs down the middle. It's not an official daycare it's at her house where co parent and child both live.

I have asked her for proof or something but she said that her mom just... View More

James L. Arrasmith
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answered on Dec 13, 2023

In California, when dealing with informal daycare arrangements, such as a family member providing care, proof of daycare costs can be less formal compared to a licensed daycare center. However, it's reasonable to request some form of documentation, especially when there is a change in the... View More

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