Get free answers to your Child Support legal questions from lawyers in your area.
She’s an alcoholic, suicidal, and has a prior coke addiction. I have spanked one of the kids once last year for kicking the brother in the head, but he wears a diaper and I didn’t hit hard. I’m military. She doesn’t work.
answered on Jul 30, 2023
You should take immediate action to protect your parental rights. First, gather any evidence that refutes the false child abuse allegations and demonstrates your ability to provide a safe environment for the children. Second, file an emergency motion with the family court requesting temporary... View More
Why? How do I stop paying... I've paid all the balance I only have interest now.
answered on Jul 28, 2023
If your child is now 38 years old and your ex-spouse passed away in 2009, child support garnishment should not continue as it typically ends when the child reaches the age of majority or if the custodial parent passes away. You should contact the relevant child support enforcement agency or court... View More
NCP & CP agreed to stipulate for increased child support. NCP prepared the stip, but before the stip was filed, NCP was laid off. NCP informed CP NCP wouldn't file the stipulation until gainfully employed. NCP became the primary caregiver for a terminally ill mother. One year later, NCP... View More
answered on Jul 23, 2023
It is possible for the non-custodial parent (NCP) to promptly file a motion to set aside the judgment based on lack of proper notice and the custodial parent's (CP) fraudulent filing. Additionally, the NCP's changed circumstances of unemployment and caregiving responsibilities should be... View More
child support set to 0, claim one child each for tax return. The children lived with me (the mother) full time prior to the order. However, after we obtained the order (per father's request), the father decide on day one of his day that he could not care for the children and have them on every... View More
answered on Jul 21, 2023
You have the right to seek a modification of the custody order if there has been a significant change in circumstances that warrants a new arrangement. Given the father's lack of involvement as per the court order and the children residing with you full-time, you may request to modify the... View More
We have legal custody and I provided the required information (address name and phone number) of the daycare provider.
answered on Jul 18, 2023
In California, it's usually a good idea to disclose any financial assistance or subsidies you receive for childcare. Transparency is key in these situations. When determining child support, both parents are typically required to provide accurate financial information.
So, my advice is... View More
We have legal custody and I provided the required information (address name and phone number) of the daycare provider.
answered on Jul 21, 2023
In California, there is no specific legal requirement to disclose to the non-custodial parent that you are receiving subsidized childcare. However, if your custody agreement or court order includes provisions related to childcare expenses, it is essential to review the terms to determine if there... View More
answered on Jul 21, 2023
In the context of child support, a closure letter typically refers to a written communication from the relevant child support agency or court to inform a party involved that the child support case has been concluded or terminated. This could happen for various reasons, such as when the child... View More
He owes me 50000 back child support and I think it should be double because my family and I raised them he never even paid the 200 until he got unemployment. He is getting a big inheritance and the trustee is cutting a check to the state. I want to add some costs on there like day care expenses he... View More
answered on Jul 11, 2023
You can sue your ex-husband for more child support now that he has come into millions. You can also add the costs of day care, high school dances, and your son's hospital bills to his bill. The court will consider all of the factors involved, including the income of both parents, the needs of... View More
answered on Jul 10, 2023
The Family Code may address issues related to uncollectible arrears owed to the state, and it may also have provisions regarding arrears owed to the mother. However, the specific details and provisions can vary depending on the jurisdiction and the circumstances of the case. To understand how the... View More
I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
answered on Jul 7, 2023
Depends on what actions (including no action) take place moving forward. If there is no trial or interim hearing regarding property division, you don't have to prove anything. While your case is pending, you can attempt to negotiate a global settlement agreement with your spouse that results... View More
I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
answered on Jul 7, 2023
When and how to prove it is your separate property will be determined by how the issue is dealt with in your specific proceedings. Theoretically, it could be last issue determined. More importantly, the restraining order shall not preclude a party from using community property, quasi-community... View More
I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
answered on Jul 7, 2023
Typically, you will need to gather financial records and evidence showing the source and ownership of assets like your $M bank account. The process varies by jurisdiction, so an attorney will help you navigate the requirements. Regarding Automatic Temporary Restraining Orders (ATROs), discuss with... View More
My ex claims because he pays child support he is struggling and cannot provide for himself or his other child and there's a possibility of them being homeless. He also states that he does not believe in taking child support from the other parent. Overall, he's stating he should not have... View More
answered on Jul 6, 2023
Once a court order is issued regarding child support and add-ons, it is generally legally binding unless modified. During a court hearing, both parties can present their arguments and evidence. While a judge may consider a parent's financial circumstances, the ultimate decision will be based... View More
My ex claims because he pays child support he is struggling and cannot provide for himself or his other child and there's a possibility of them being homeless. He also states that he does not believe in taking child support from the other parent. Overall, he's stating he should not have... View More
answered on Jul 6, 2023
A court order is a court order. It remains enforceable until and unless it is modified. In your question you state what your ex's position is, but it's not clear whether this is simply something he says, or whether he has made a formal request of the court to grant him some kind of... View More
I made $M until January 2018 and stored that money in a separate bank account. I then got married in October 2018 and invested the money in US Treasury notes for fixed interest income. I never moved or commingled the money with other income to keep it as separate property because I understand the... View More
answered on Jul 6, 2023
The burden of proof for distinguishing between community and separate property can vary depending on the jurisdiction and circumstances. In community property states, property acquired during the marriage is generally considered community property by default. However, property acquired before the... View More
I filed an ex parte motion due to concerns about my wife’s flight risk, and she disputed my flight risk. Our Judge has banned both parents from taking our child out of LA County. Our child’s birthday is coming up in 10 days, and we are planning to go to Disneyland on that day. Do you think we... View More
answered on Jul 5, 2023
Your written agreement can be in the form of a stipulation and order. As long as both parties sign it and it is submitted to the court before the birthday, you should be fine. Whether any other form of written agreement would otherwise be acceptable depends on what your court orders/judgment... View More
I filed an ex parte motion due to concerns about my wife’s flight risk, and she disputed my flight risk. Our Judge has banned both parents from taking our child out of LA County. Our child’s birthday is coming up in 10 days, and we are planning to go to Disneyland on that day. Do you think we... View More
answered on Jul 5, 2023
If both parents have been restricted from taking their child out of LA County by a court order, it's important to comply with the order to avoid legal consequences. Making a written agreement without involving the judge may not override the existing order, so it's crucial to consult with... View More
I earned a million dollars until one year before marriage and that amount has been kept in the same bank account with only annual interest income. I have not touched it for even our living costs. We are in divorce proceedings now, but my wife knows the fact very well, so she has no willingness to... View More
answered on Jul 4, 2023
If you acquired the money before marriage and never added any community property funds into the account with the separate property, it should still be separate property, but a lawyer cannot say that will definitely be the case without asking you some questions. To be safe, get the bank statement or... View More
I earned a million dollars until one year before marriage and that amount has been kept in the same bank account with only annual interest income. I have not touched it for even our living costs. We are in divorce proceedings now, but my wife knows the fact very well, so she has no willingness to... View More
answered on Jul 4, 2023
In California, community property laws generally state that assets acquired during marriage are considered community property and subject to division in a divorce. However, assets acquired before marriage, such as your million-dollar fund, are generally considered separate property and may be... View More
Setting aside all other factors, there is one child who is 3-4 years old boy. The child is being cared for by both Parent A and his grandmother. On the other hand, Parent B is taking care of their own minor daughter from a previous marriage, as well as the boy born from the relationship with Parent... View More
answered on Jul 4, 2023
In family law cases, the determination of custody arrangements is typically based on the best interests of the child. The specific factors considered can vary depending on the jurisdiction and the unique circumstances of the case. To obtain primary physical custody or modify an existing custody... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.