Get free answers to your Child Support legal questions from lawyers in your area.
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answered on Feb 22, 2024
If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:
• Form 529 is used in... View More 
Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More
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answered on Feb 21, 2024
Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More
I was never informed of this case. My wages were not garnished no bill in the mail. I had no way of knowing that I should be paying. For a whole year I was racking up this debt and no body told me about it. Now looking at the order that was filed it has wrong information on it. It says I have no... View More
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answered on Feb 21, 2024
If your tax return was seized for arrears related to child support or other debts, there may be avenues to contest the seizure and potentially recover some or all of the seized funds. It's concerning that you were not informed about the case or given an opportunity to address the arrears prior... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 19, 2024
If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 16, 2024
A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
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answered on Feb 21, 2024
Under California law, you can file a Motion to Vacate specific directives within a Minute Order. The court generally prefers to address each directive individually, so you can request to set aside only the specific directives you disagree with. However, it's essential to provide valid reasons... View More
I currently have a custody agreement that states my children will be with me 43% of the time (3 days a week). However, the courts gave our oldest son (17 years) the right to choose when and where he stays. He has now decided to stay 100% of the time with his mom. My ex wants to redo our child... View More
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answered on Feb 21, 2024
In California, child support is determined based on the amount of timeshare provided for in the child custody court order, not on the actual time the child spends with each parent.
Since your custody order provides that the children, including your 17-year-old son, are with you 43% of the... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
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answered on Feb 21, 2024
In California, if a minute order lacks clarity regarding the commencement date for child support payments, you may need to take legal action to have the order clarified or amended. Given that the petitioner has been granted continuances, it's essential to persist in your efforts to address the... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
answered on Feb 16, 2024
Hi there,
it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
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answered on Feb 13, 2024
If your ex has claimed to have lost his job before your child support hearing in California, the court will likely investigate the circumstances surrounding his alleged unemployment and assess his current financial situation to determine his ability to pay child support. The fact that the court... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
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answered on Feb 21, 2024
Under California law, if your ex-spouse has been ordered to pay child support based on his income and he claims to have lost his job, the court may consider his change in circumstances when determining child support payments. However, simply claiming job loss does not automatically absolve him of... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
answered on Feb 17, 2024
The obligor needs to maintain the obligations for child support. However, the loss of a job may give him a reason for seeking modification. The courts will look for reasons for unemployment. If he quits voluntarily, the court can impute the wages to him. The court will consider education, skills,... View More
Can I have the original child support order reopened?
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answered on Feb 8, 2024
Yes, in California, if your ex-husband has not honored an agreement related to child support, you generally have the option to seek enforcement or reinstatement of the original child support order through the court. If the case was officially closed with the court, you would need to file a motion... View More
Can I have the original child support order reopened?
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answered on Feb 21, 2024
Yes, you can request to reopen your original California child support order if your ex-husband has not honored the separate agreement made to close the child support case.
Under California Family Code Section 3651(c), the court has jurisdiction to set aside or vacate a child support order... View More
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More
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answered on Feb 1, 2024
In California, during a custody mediation meeting that is part of an RFO (Request for Order) process, it is generally permissible for you to have your attorney present as a support or advisor. Your attorney can provide coaching, listen to the mediation, and offer guidance during the process, even... View More
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More
answered on Feb 1, 2024
Anytime someone files a RFO related to custody, the court automatically schedules a mediation. This is a free service provided by the LA superior court. The parties attend WITHOUT legal counsel. Parties are not permitted to bring an attorney with them to these mediations. You of course are free... View More
Please let me know what I can do
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answered on Jan 30, 2024
Dealing with long-term child support arrears in California can be challenging. If you are facing additional penalties for missed payments, it's important to address this issue promptly.
First, consider contacting the child support agency handling your case. They can provide specific... View More
Please let me know what I can do
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answered on Jan 30, 2024
In California, if you have been paying child support arrears for forty years and are facing additional charges for missed payments, it is essential to understand your rights and options. California law stipulates that child support arrears accrue interest, and missed payments can significantly... View More
I recently secured a full-time position as a W2 employee. Last year, I was self-employed as a 1099 independent contractor, with no W2 income. In the context of modifying child support, how does California family law consider self-employment income that no longer exists, given that I am now fully... View More
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answered on Jan 25, 2024
In California, when it comes to modifying child support, the court primarily looks at the current income and earning capacity of both parents. If your self-employment income has ceased due to your new W2 employment, this change in circumstances is significant and relevant for your child support... View More
She gave them to her brother he was cleared to keep them but she is keeping the kids money and will not budge is there any advice u can give me he would file the paperwork to switch the payments to his name but if he does it will put a hold on the payment for 2months they have been struggling to... View More
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answered on Jan 24, 2024
In California, when a custodial change occurs, it's important to update the appropriate agencies about this change, especially regarding financial matters like child support or benefits. If your nephew has legal custody of his siblings, he should be receiving any funds allocated for their... View More
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