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California Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for California on
Q: What is the best way to label attachments that are being added to an income and expense declaration?

I am adding an additional page with the answer to questions #4 and #20, Question #4 also has an additional 8 page attachment.

James L. Arrasmith
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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...
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1 Answer | Asked in Child Support and Family Law for California on
Q: if my ex-wife did not have our child living with her for three years but was still receiving Child support is that Legal

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

James L. Arrasmith
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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...
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1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: [Family Law] How to Request a Sanction Order Against the Opposing Party’s Attorney?

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...
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1 Answer | Asked in Child Support and Family Law for California on
Q: Can I exclude an investment property from my income and expense declaration?

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law and Child Support for California on
Q: How can I persuade the judge to reduce a healthcare premium on the income and expense declaration?

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...
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1 Answer | Asked in Family Law, Collections and Child Support for California on
Q: If I have a judgement for child support arrears, can I have the judgement debtor's 401(k) levied?

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...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for California on
Q: If a subpoena for personal documents is not properly served do I still need to respond? And if so, how do I respond?

I have been served via email with a subpoena to provide my personal bank financial documentation. The forms were filed on 4/26 and the subpoena was served via email to me today 5/8. The date for which I am being asked for documentation is on 5/10 at 8am. I object to providing my personal... View More

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answered on May 8, 2024

Under California law, a subpoena must be properly served to be legally binding. If a subpoena is not properly served, you may not be legally obligated to respond. However, it is generally advisable to provide some form of response to avoid potential legal complications.

In California, a...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Hello! I am in Los Angeles. I have been sent an email subpoena for documents with only one day notice. How do I object?

It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.

Tobie B. Waxman
Tobie B. Waxman
answered on May 8, 2024

I think you may be confused about what has been served on you. If you are a party to the case, you can be served with a request for production of documents; not a subpoena for production of documents. What may have happened is that you have been sent a copy of a subpoena that was served on your... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Hello! I am in Los Angeles. I have been sent an email subpoena for documents with only one day notice. How do I object?

It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.

James L. Arrasmith
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answered on May 8, 2024

Under California law, a subpoena must be properly served to be valid. For a personal records subpoena, service should be made to you personally, to a person at your residence or usual place of business, or by mail together with a proof of service by mail. Email service alone is generally not... View More

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1 Answer | Asked in Family Law and Child Support for California on
Q: Child support keeps taking my money when case is closed my son is 18 and dad no longer lives with him? Reimbursed?

Long story that I’m tired of telling. I just DONT understand why I’m paying child support to the father when he’s 18 doesn’t live with him and fraud isn’t helping child support isn’t helping and I’m still having money taken out and father gets free money.

James L. Arrasmith
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answered on May 7, 2024

I understand your frustration with this situation. Under California law, child support typically ends when the child turns 18, unless the child is still a full-time high school student and lives with a parent. In that case, child support continues until the child graduates or turns 19, whichever... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Is joint legal and physical a big ask for the father?

Petitioned for custody in March of 2023

Could not locate respondent so asked judge for service by posting April of 2024

Service by posting currently in place (waiting on posting period to be over)

Would like joint custody (mother as custodial parent)

Mother claims to... View More

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answered on Apr 30, 2024

Under California law, it is not necessarily a "big ask" for a father to seek joint legal and physical custody of a child. California courts generally favor joint custody arrangements when they are in the best interest of the child, and they do not automatically grant sole custody to the... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: where can i find access to the guidelines / policy regarding child support

i want our child to get braces dental insurance only pays for medical necessity… i can’t afford even on payment plan he says he can’t afford either but i don’t believe him what can i do

James L. Arrasmith
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answered on Apr 27, 2024

In California, child support guidelines and policies can be found through the California Department of Child Support Services (DCSS). Their website, https://www.childsupport.ca.gov/, provides a wealth of information, including a guideline calculator, forms, and resources for parents.... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: If I can get help I get no help from father 5 kids 1 adult and 4 minors 2 minors sleep at our home with him? Any help

I left our home 5 yrs ago, partner was abusive. Took kids with me but now my 2 older boy moved back with their father because they wanted a bed room for themselves. I have our youngest 2 children that he gives me no help for. And the 2 boys that do live with him I do everything for them besides... View More

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answered on Apr 26, 2024

I'm sorry to hear about your difficult situation. Based on the information you provided, here are a few things to consider under California law:

1. Child support: Even if your children are living with their father, you may be entitled to child support payments from him, especially for...
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1 Answer | Asked in Child Support and Family Law for California on
Q: I give my kids mom 800 a month 2 kids 13 n 9 years old and we are on a 50/50 custody

They are with me everyday after work i from 5pm till next day that i take them to school and she pick them up one weekend with me and one with her

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answered on Apr 23, 2024

Under California law, child support amounts are typically calculated using a formula that considers both parents' income, the number of children, and the time each parent spends with the children. Given your 50/50 custody arrangement and the payment of $800 per month, it's important to... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How feasible is it to modify the agreed upon "temporary" child support and alimony?

During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody... View More

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answered on Apr 22, 2024

Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.

To file a Request for...
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1 Answer | Asked in Family Law and Child Support for California on
Q: What do I do If custodial parent refuses to provide me with childcare receipts within the 30 days given by the judge?

We recently had our child support case heard , and custodial parent added on childcare expenses for our 12 years old son. The judge said I can pay my half directly to the provider or I can reimburse mother for the expenses so the judge ordered her to provide me with the providers phone number and... View More

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answered on Apr 21, 2024

If the custodial parent fails to provide you with the required childcare receipts and provider information within the 30-day timeframe set by the judge, you should take the following steps:

1. Document your attempts to obtain the information: Keep a record of any communication (emails, text...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex of 18yrs moved out and notarized a document giving me full custody of kids and allowing me to stay in his condo

until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

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answered on Apr 18, 2024

Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:

1. Retroactively from the time the income changed: Generally,...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

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answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
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1 Answer | Asked in Family Law and Child Support for California on
Q: My mom would qualify for the new pass through child support law but she passed away October as being the pendant in the

Child support case would I qualify for the accumulated funds?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry for your loss. Regarding your question about potentially qualifying for accumulated child support funds after your mother's passing, the answer would depend on the specific details of the situation and how California law applies. Here are a few general points to consider:... View More

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