Get free answers to your Child Support legal questions from lawyers in your area.
I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More 
answered on Apr 6, 2024
It's not clear what you are asking. 1) you can object to the response as untimely; 2) you can object to the response as you have not been served with it (??). As far as the advice you are seeking, it's not clear what you want to know. Child support orders will be based on the... View More
I’m in search of a low income lawyer that’s able to help with my divorce along with child support. It’s been an ongoing battle for almost 4 hrs and my ex recently got a lawyer and I’m scared that he will take the kids away since I’m proper and he has a lawyer. Any recommendations or any... View More
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answered on Apr 3, 2024
I understand your situation and the stress you must be going through. Here are some resources and options you can consider in California:
1. Family Law Facilitators: Each county in California has a Family Law Facilitator's office that provides free legal assistance to individuals who... View More
My divorce/child custody battle has been ongoing for almost 4 years. My youngest is 10 but always goes where the money is which is his dad. I’m low income and going to school full time. Honestly I’m tired mentally and emotionally, this whole process is draining me and my health just feels like... View More
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answered on Apr 1, 2024
I understand that you are going through a difficult and emotionally draining situation. However, before making any decisions, it is essential to consider the long-term consequences and explore all available options. Here are some points to consider:
1. Consult with your attorney: Discuss... View More
Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More
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answered on Mar 29, 2024
In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More
I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More
answered on Mar 26, 2024
If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).
Child support is... View More
I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More
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answered on Mar 26, 2024
Under California law, child support and visitation rights are treated as separate issues. This means that even if the father is not paying child support, it does not automatically eliminate his right to visitation. However, his failure to utilize the court-ordered visitation times could be a factor... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
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answered on Mar 25, 2024
Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
answered on Mar 26, 2024
She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.
our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More
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answered on Mar 21, 2024
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More
Child support modification is in place since I have physical custody now and have had it since over a year. My question is can the spousal support money be garnished to cover my arrears I have or is that separate.
I do plan on paying my arrears but I’m afraid they would take the full... View More
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answered on Mar 3, 2024
In California, the law prioritizes child support obligations over spousal support. This means that if you have arrears on child support, it is possible for your spousal support payments to be garnished to cover these arrears. The state's child support enforcement agency has the authority to... View More
My divorce is going on almost 4 years. I originally had a lawyer who my dad paid for but with all the fees he wasn’t able to continue paying. I’m currently self represented but have been unable to enforce child support and spousal support on my own, hopefully I can finish getting divorce. So... View More
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answered on Mar 3, 2024
Finding affordable legal assistance can be challenging, especially when dealing with complex family law issues like divorce, child support, and spousal support. In California, there are several resources available to individuals with low income who require legal assistance. Legal aid organizations,... View More
Stepdaughter is not and has not paid her student loans I co-signed. Her father sent me a statement saying he would pay her loans which I have. He has not paid anything. I haven’t spoken to stepdaughter in 10 years. No idea where she is and her father won’t tell me.
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answered on Mar 1, 2024
Under California law, the written statement from your stepdaughter's father, where he commits to paying the student loans, could potentially serve as a binding agreement, depending on its specific wording and the context in which it was made. If it clearly outlines his intention to take over... View More
I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.
During previous three hearings... View More
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answered on Feb 27, 2024
Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More
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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
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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
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
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