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California Child Support Questions & Answers
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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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

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 13, 2023

1) I would agree that if no-cost daycare is available, that's what should be used; 2) proof of the cost of daycare can be provided in the form of receipts or bank statements showing the amount paid to the daycare provider. The cost of daycare would not be an "add on" if it is free... View More

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2 Answers | 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

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2 Answers | Asked in Family Law and Child Support for California on
Q: Minute order for CS was drafted on 4/23. Minute order was review & amended. Can I get retro CS since it was a court erro

Petitioner was order to pay child support but minute order was worded incorrectly by the courts clerk on 4/23. I recently request it to be reviewed and amended. They finally sent the new correct minute order, I’m self represented so I didn’t know I could do this even though I repeatedly talked... View More

James L. Arrasmith
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answered on Dec 8, 2023

Good morning,

If a minute order for child support was initially drafted incorrectly and later corrected, it's possible to enforce child support retroactively. Generally, child support is enforceable from the date it was originally ordered by the court, even if the written order was...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Does my husband have legal visitation rights to my 16-year-old child, even if the child says doesn't want to see him?

The question is based on my wanting a separation from my husband. However, it's problematic since I have a minor child, and I plan to take him with me after separation. I don't need my husband's child support and I don't want my husband to meet my 16-year-old son after... View More

James L. Arrasmith
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answered on Dec 4, 2023

Under California law, the wishes of a minor child, especially one as old as 16, are often taken into consideration in custody and visitation matters. However, a parent's legal rights, including visitation rights, are not automatically nullified based on the child's preferences.... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I’m 16, my mom has had full custody of me but I was wondering how I can move in with my dad instead.

she’s had full custody of me since i was 7/8 but since i’m 16 do i get to choose? she’s allowed him to have visitation without getting the court involved since 2021. im very unhappy here and she’s very toxic i stay in my room and i don’t want to be here, being with my dad is a breath of... View More

James L. Arrasmith
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answered on Dec 3, 2023

In California, while a child's preference is taken into consideration in custody decisions, it is not the sole determining factor. At 16, your opinion is given significant weight by the court, especially if you can articulate mature and reasonable reasons for wanting to live with your father.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I need answers to understand on how can I terminate guardian and have my kids back under my care
James L. Arrasmith
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answered on Nov 27, 2023

Under California law, to terminate a guardianship and regain custody of your children, you generally need to file a petition with the court that originally established the guardianship. This petition should clearly state your reasons for seeking the termination of the guardianship and demonstrate... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Does my ex husband have to submit his W2 during the trial, for support orders to be made by the judge?

His numbers on his Fl150 we’re not correct and I pointed that out during trial, but the judge told me he didn’t have to look at that information i.e. the W-2

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answered on Nov 19, 2023

In California, during a trial for support orders, it is common for both parties to provide financial information, including W-2 forms, to accurately determine income for support calculations. This information is typically required to ensure a fair and informed decision by the judge regarding... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Request to modify for CS, what is the chance the custodial parent(me) pays non custodial parent cs bc I make more $ ?

I submitted a modification and it got approved for review. Court hearing a few weeks.

Legal custody is 50/50, physical custody is suppose to be 80/20(me =custodial parent) Father was absent for a large portion of his parental time this year due to substance abuse issues.

Anyways... View More

James L. Arrasmith
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answered on Nov 19, 2023

In California, child support calculations primarily consider both parents' incomes and the time each parent spends with the child. Since you're the higher-earning parent and the primary custodian, there's a possibility that the child support arrangement could be adjusted in a way... View More

1 Answer | Asked in Civil Litigation, Child Custody, Child Support and Family Law for California on
Q: Mom ordered sole legal/physical custody from her first husband, then files second action with 2nd husband for support..

Mother and father No 1. had child No 1. Mother files action and is awarded sole child custody and support. Mother has a 2nd child with father No 2. And Mother . Then Mother files an action on father No 2. for child custody and support of both child No 1 and Child No 2.

What are the... View More

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answered on Nov 18, 2023

In California, Father No. 2 has several options in response to a child custody and support action filed by the mother. First, he can respond to the custody action by filing his own petition for custody and visitation rights. California law prioritizes the best interest of the child, which includes... View More

2 Answers | Asked in Child Custody, Child Support, Family Law and Divorce for California on
Q: if my wife takes my divorce filing prior to being served and says she forgos service and goes to the first hearing. ??

she went to the first hearing without complaint. can that suffice with a declaration if i have text messages of her berating me about the filing

at the time i declared service

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answered on Nov 9, 2023

In California, if your wife voluntarily appeared at the first hearing without being formally served, she may have waived service of the divorce filing. The court generally requires formal service to ensure that both parties are aware of the legal proceedings.

However, a voluntary...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I was coerced into signing divorce papers. How hard is it to contest a divorce judgement?

He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with... View More

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answered on Nov 9, 2023

In California, if you were coerced into signing divorce papers, you might have grounds to contest the divorce judgment. Contesting a judgment involves filing a motion to set aside the divorce judgment based on duress, fraud, or a lack of informed consent. The complexity of this process can vary... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I was coerced into signing divorce papers. How hard is it to contest a divorce judgement?

He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 9, 2023

"forced" ?? How? There are ways to set aside a judgment when there is proof of fraud, duress, and/or various other statutory grounds. There is a time line (deadline) for seeking such a set-aside. You should consult with an attorney to find out if you have sufficient evidence to... View More

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