Get free answers to your Child Support legal questions from lawyers in your area.
The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More 
answered on Jun 17, 2024
"I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect" - filing a petition for custody and support, without filing anything else, will not result in you getting any court orders. Your case may still be open.... View More
The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More
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answered on Jun 17, 2024
In California, proving parental abandonment does not automatically terminate the father's parental rights. Termination of parental rights is a separate legal process from seeking sole custody and changing your children's last name. Here's some information on each of these matters:... View More
I am seeking advice on obtaining a court order for the following conditions concerning my 4-year-old autistic child due to concerns about my ex-spouse’s smartphone addiction. so, can I request these order below during the next RFOMOD custody hearing:
1) Limit exposure to mobile devices to... View More
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answered on Jun 17, 2024
In California, courts make decisions about child custody and visitation based on the best interests of the child. When a child has special needs, such as autism, the court will consider those needs when making orders.
To request the specific orders you mentioned during a Request for Order... View More
We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More
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answered on Jun 16, 2024
Under California law, the court's primary concern in child custody cases is the best interests of the child. This includes ensuring that the child has a safe, stable, and nurturing environment, which can be negatively impacted by excessive screen time or inadequate sleep.
While there... View More
We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More
answered on Jun 16, 2024
There is no "device" you can use to monitor the child's sleep. You can get court orders however regarding a 4-year-old's use of a smart phone all together, regarding bedtime, and regarding bedtime routines, and regarding time spent on the smart phone whether playing games or... View More
Ex feels he gives me more than he should. My son lives with me and his father picks him up for 3 weekends out of the month. He gives me $800 a month. Helps pay private school which we go half on. Has him under his health plan which I’m sure he pays about $360 a year for. He’s union. Our son is... View More
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answered on Jun 14, 2024
Under California law, child support typically includes basic living expenses for the child, such as food, clothing, and housing. However, child care costs, especially those necessary for the custodial parent to work, are considered an "add-on" expense. These add-on expenses are usually... View More
Unfortunately my child mother is a very petty individual. I gave her a month notice that I’m going on vacation dates and times and she’s basically telling me no you need to be here. Vice versa whenever she’s had a vacation, I’ve gladly taken the kids during my non-parenting time. She has... View More
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answered on Jun 13, 2024
Not showing up for a court-ordered parenting time exchange could have serious consequences under California law. Here are a few key points to consider:
1. Contempt of court: Failing to comply with a court order, including a parenting time schedule, can be considered contempt of court. This... View More
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answered on Jun 13, 2024
Under California law, closing a custody case that hasn't been decided does not automatically stop child support obligations. Child support and child custody are separate legal issues, although they are often related.
Here are a few key points to consider:
1. Child support is a... View More
What my next step if my spouse hasn’t responded to the divorce paperwork
answered on Jun 12, 2024
If it's been more than 30 days since spouse was served and he/she has not served or filed their response to the Petition, you can proceed with a Request to Enter Default. Once default has been entered you can proceed to the next step (financial disclosures), then to judgment (unless trial is... View More
What my next step if my spouse hasn’t responded to the divorce paperwork
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answered on Jun 12, 2024
If your spouse has not responded to the divorce petition after being properly served, you can proceed with a default divorce in California. Here are the steps you should follow:
1. Wait for the response period to end: In California, your spouse has 30 days to respond after being served if... View More
This is divorce case. I filed Motion to Set aside in Feb, and Respondent filed responsive declaration in March and I filed my reply in May. I believe I rebut RP's decl effectively, however, RP suddenly filed an amended responsive decl just 4 days before the hearing. RP removed all allegations... View More
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answered on Jun 7, 2024
In a California divorce case, if the Respondent filed an amended responsive declaration just 4 days before the hearing, it may be considered improper and unfair to you, the moving party. This is because the Respondent's amended declaration, which effectively serves as a reply to your reply,... View More
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answered on Jun 6, 2024
In California, a parent may still be obligated to pay child support for an adult child with disabilities, even if the child moves out of state. This is because California law recognizes that some adult children with disabilities may remain dependent on their parents for financial support.... View More
answered on Jun 6, 2024
Whether or not a parent must pay support for an adult child depends entirely on what your court orders say. If there is no court order extending support for the minor past his/her reaching the age of majority and graduating from high school, then there is no legal obligation to pay support
We have adhered to a 3-4-4 custody schedule for an extended period. However, in December, an error on my part led to unintended parenting time. This was not formalized in an Order After Hearing but was noted in the minute order as per the stipulation agreed upon by both parties (Not signed by... View More
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answered on May 31, 2024
In California, a new judge may consider the previous judge's inclination, but they are not bound to follow it. Judges often give weight to prior rulings, especially if there is a documented history and a minute order reflecting the schedule. However, each judge has the discretion to review the... View More
I am adding an additional page with the answer to questions #4 and #20, Question #4 also has an additional 8 page attachment.
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answered on May 28, 2024
Under California law, when adding attachments to an Income and Expense Declaration form (FL-150), it's important to clearly label them for the court's reference. Here are some tips for labeling your attachments effectively:
1. Identify the form and question number: Begin the label... View More
Now he’s 30 years old has his own house and Child and I had a stroke two years ago and have been not able to pay my child support
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answered on May 28, 2024
Based on the information you provided, there are a few important legal considerations:
1. Child support obligations generally end when the child reaches the age of majority (18 in California) or becomes emancipated. If your son is now 30 years old, it is likely that you are no longer... View More
We have a divorce case (with one case number) and three different motions in two different courts awaiting hearings. The opposing party’s attorney has made contradictory statements about one fact, varying by the court and motion. The first hearing is coming up. How can I request a sanction... View More
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answered on May 26, 2024
In California, requesting sanctions against the opposing party's attorney for alleged perjury or inconsistent statements requires following specific procedures. Here's what you should consider:
1. Written motion: It is generally advisable to file a written motion for sanctions... View More
I am thinking about transferring an income property into a single-member LLC and having the single member be a trust. The property revenue would be deposited into the LLC checking account and there would be a separate tax return filed for the trust. I would not receive income from the property or... View More
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answered on May 23, 2024
Under California law, when filing an Income and Expense Declaration (Form FL-150), you are required to provide a complete and accurate disclosure of your financial situation, including all sources of income and expenses. This includes any income or expenses related to investment properties.... View More
I was just notified that my daughter's mother's healthcare insurance has increased from her income and expense declaration from $300 a month to $1540 per month. She is married and has a daughter with her husband and is currently pregnant. Her husband has three other children who do not... View More
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answered on May 16, 2024
Here are a few potential arguments you could make to the judge to try to reduce the healthcare premium amount on the income and expense declaration:
1. Argue that the healthcare costs should be allocated proportionally. If your ex is covering other family members besides your daughter on... View More
In my divorce my husband was awarded the marital home, but was ordered to pay child & spousal support. I now have an arrears judgment against him for 6 figures. I am trying to collect on the judgement. He has a 401(k) and two homes, one being in CA where I have my judgement, and another which... View More
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answered on May 11, 2024
In California, a 401(k) account can be levied to satisfy a judgment for child support arrears. However, there are specific procedures that must be followed, and the process can be complex. Here are a few points to consider:
1. ERISA protection: Most 401(k) plans are protected by the... View More
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