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California Child Support Questions & Answers
2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: How can I request family court seal my documents?

I filed many private and sensitive documents - Bank statements, my medical records, Tax returns.. during divorce proceedings. Currently the case is still ongoing. I am really concerned of my records in public now. How can I request the family court seal my specific documents? or whole documents?

Robert Kane
Robert Kane
answered on Jun 27, 2023

I would call the clerk's office first to determine if the information is publicly available. Even if the filing party failed to properly classify the information as confidential, the clerk's office is pretty good at rejecting the filings until it's in compliance. Bank statements,... View More

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2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: How can I request family court seal my documents?

I filed many private and sensitive documents - Bank statements, my medical records, Tax returns.. during divorce proceedings. Currently the case is still ongoing. I am really concerned of my records in public now. How can I request the family court seal my specific documents? or whole documents?

James L. Arrasmith
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answered on Jun 27, 2023

If you have concerns about the privacy of certain documents filed during your divorce proceedings, you can request the family court to seal those specific documents or the entire case file. Identify the documents containing private and sensitive information, file a motion explaining the reasons for... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Unmarried parents have 50/50 of a 13year old, mother wants to move out of state without dads consent for minor to leave.

Can she legally take the child out of the state? She pretty much stated there’s no decision what dad says that child made up her mind. But mother is very controlling and guilt trips daughter even on dads time constantly making daughter cry when she’s with dad. What are the steps is there any... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 22, 2023

When you say you have 50/50 custody, is that per court order? Or is that just how the parents are exercising their parenting plan? If it's per court order, Mom needs a court order, aka a "move-away order" before she can take the child with her on a move out-of-state. With a true... View More

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1 Answer | Asked in Child Support and Family Law for California on
Q: When the court /DCCS calculates a modified child support amount, what is weighed more?

My ex petitioned for modification. I had a drastic change of income for my full time position in the last 3 months based on my personal commission/comp plan structure changing. The reason for the change was I took another independent contractor gig paid under my single member LLC loan-out... View More

James L. Arrasmith
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answered on Jun 19, 2023

In California, when the court calculates a modified child support amount, it considers several factors, including the income of both parents, the amount of time each parent spends with the child, and any other relevant factors. The court will typically use the most recent income information... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: We need a stipulation order for Temp Joint Custody?

On June 5, a judge ordered temporary Joint Custody based on my Ex Parte filing. Our RFO custody hearing is scheduled for the end of August. Despite the Emergency Joint Custody order, my wife is still insisting on sole custody and dictating my visitation schedules, thus disregarding the court order.... View More

James L. Arrasmith
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answered on Jun 15, 2023

Certainly! It's important to consult with a family law attorney for personalized advice, but here's some general information:

If your ex-wife is not adhering to the temporary joint custody order and dictating visitation schedules, seeking legal remedies may be necessary. A...
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1 Answer | Asked in Divorce, Child Support and Civil Rights for California on
Q: There is a woman submitted to the court to request a divorce.

There

Sandy Lynne Meade
Sandy Lynne Meade
answered on Jun 13, 2023

The man will want to file a response/objection to the Petition for Dissolution of Marriage. He may wish to consult with an attorney to make a special appearance on his behalf based on "lack of jurisdiction". Since he was already legally married 13 years ago, and assuming that marriage... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: 1 of my siblings was living with a girl , she got pregnant when she found out that, they were going separate ways.

Basically because of the pregnancy they stayed living together. But because of arguing & not being able to control other person . By then leaving to cool off & not let anything escalate,They had to basically leave the state ,to stay away from the person who is now trying to get a... View More

James L. Arrasmith
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answered on Jun 9, 2023

It is difficult to say whether or not the woman can retaliate against your sibling. The fact that she is filing for a restraining order and child support does not necessarily mean that she is retaliating. However, the fact that she is doing so after being served with eviction papers does raise some... View More

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2 Answers | Asked in Criminal Law, Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: 1 of my siblings was living with a girl , she got pregnant when she found out that, they were going separate ways.

Basically because of the pregnancy they stayed living together. But because of arguing & not being able to control other person . By then leaving to cool off & not let anything escalate,They had to basically leave the state ,to stay away from the person who is now trying to get a... View More

Robert Kane
Robert Kane
answered on Jun 9, 2023

She won't be able to railroad him once he has an attorney. In order to ensure the best possible outcome, he needs to need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment... View More

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2 Answers | Asked in Divorce, Child Custody and Child Support for California on
Q: I am divorcing but I need a lawyer, I don't have income other than my husband's, do I have to pay for my lawyer or him?

I've been a housewife in California for 7 years of marriage, but my husband files his income tax jointly with me. We have a 6 year old son. I have had no job at all and live with my husband's income. He wants the divorce but he doesn't want to give me anything, he just wants me to... View More

James L. Arrasmith
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answered on Jun 3, 2023

The answer to your question depends on a few factors, including the specific terms of your divorce settlement and the laws of the state in which you live. In California, it is generally the responsibility of each spouse to pay for their own legal fees. However, there are some exceptions to this... View More

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2 Answers | Asked in Divorce, Child Custody and Child Support for California on
Q: I am divorcing but I need a lawyer, I don't have income other than my husband's, do I have to pay for my lawyer or him?

I've been a housewife in California for 7 years of marriage, but my husband files his income tax jointly with me. We have a 6 year old son. I have had no job at all and live with my husband's income. He wants the divorce but he doesn't want to give me anything, he just wants me to... View More

Robert Kane
Robert Kane
answered on Jun 3, 2023

If you can’t afford a lawyer, but your spouse or the other parent can, you can ask the court to order them to pay for you to hire a lawyer. The court can order this in cases when one spouse or parent has more money than the other. You can make this request before you hire a lawyer. If you've... View More

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1 Answer | Asked in Child Support and Family Law for California on
Q: Question about the categorization of certain income for child support calculation in California.

The Dissomaster Report doesn't include a $10,000 monthly income in its "income" section, even though it's input under "Portion subject to SE tax" in "Royalties, partnerships, S corporations, trusts, etc." When this guaranteed LLC distribution is listed as... View More

James L. Arrasmith
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answered on Jun 2, 2023

Child support calculations can vary depending on the jurisdiction and guidelines followed. In California, the Dissomaster Report is commonly used for calculating child support. However, it is important to consult with a family law attorney to determine the accurate categorization of income for... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex & I have 50/50 custody & he recently moved 1700 miles away. He can not meet his 50% timeshare. what should I do?

Everything has been out of CA. He now lives in WI. Our son is almost 15 years old. My ex- is only asking for 2 weeks of visitation per year, which I agreed to. This would make me the primary caregiver. We have written up terms and my ex won't sign anything. The kicker is he just bought my son... View More

James L. Arrasmith
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answered on Jun 1, 2023

If your ex-husband has moved out of state without your consent, he may have violated the terms of your custody agreement. This could potentially void his 50% custody, but it's important to consult with an attorney to get specific advice about your situation.

In California, the law...
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1 Answer | Asked in Divorce, Child Custody and Child Support for California on
Q: What preparations are needed to file for a divorce?

The first time filing, mother of three ( 1 stepdaughter). work is a difficult subject to discuss right now, but was working 5-10 hours per week in administrative work for my husband's business ( although he stopped paying me two weeks ago now ). Previous to that, was a clinical research... View More

James L. Arrasmith
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answered on May 31, 2023

Here are some of the preparations you need to make to file for a divorce in California:

*Gather your financial information. This includes your income, expenses, assets, and debts. You can use a divorce financial worksheet to help you organize this information.

*Gather your...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I'm court ordered to pay insurance for my child but mother refuses to gice me social to out under my insurance
James L. Arrasmith
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answered on May 31, 2023

If you have been court ordered to pay for insurance for your child, it is crucial to fulfill your legal obligation. However, if the mother refuses to provide you with the necessary social security information to add the child under your insurance, you may face challenges in complying with the court... View More

1 Answer | Asked in Child Custody, Child Support, Elder Law, Juvenile Law and Family Law for California on
Q: My two nephews live with me and I’d like to file a child support case against both parents and have one nephew removed

One nephew needs to be placed with CPS as he can no longer live with me

James L. Arrasmith
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answered on May 22, 2023

If you believe that one of your nephews needs to be placed with Child Protective Services (CPS) due to concerns for their safety or well-being, it is crucial to take immediate action. Contact CPS or your local child protective services agency to report the situation and seek their assistance in... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for California on
Q: If a parent loses custody, or the child is emancipated, can they keep the child's personal belongings (such as phone)?

Also, if you would be able to cite a specific law or court case. The state is California.

James L. Arrasmith
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answered on May 22, 2023

In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: We live in California. I have not filed for support yet. Once I file, would I even receive any payment even though my

kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... View More

James L. Arrasmith
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answered on May 18, 2023

In California, child support is typically calculated based on various factors, including the income of both parents and the amount of time each parent spends with the children. Even if the father is currently unemployed, the court may impute income based on his earning capacity or previous... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: We live in California. I have not filed for support yet. Once I file, would I even receive any payment even though my

kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... View More

Robert Kane
Robert Kane
answered on May 18, 2023

Your income is not a factor in determining his obligation. Unemployment may affect the amount, at least temporarily. Don't let him overplay his hand (unemployment. )

Parenting time is based on numerous factors, the living environment being one factor.

See the California...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I need a complete copy of the final decision on a family law case no funds but it’s for child support to reduce it total

It’s to take away all I owe do to a hardship the social worker gave me the papers but I can’t get the documents to support my case

James L. Arrasmith
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answered on May 12, 2023

To obtain a complete copy of the final decision in your child support reduction case, follow these steps:

Contact the court clerk to inquire about document access and any fee waivers for financial hardship.

Seek assistance from legal aid organizations or pro bono services in your...
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1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: Been separated from my husband for 7yrs. Our son is 17yrs old. Want to file divorce, spousal & backpay child support.

My son has lived with me for 6 years. His father only gives me $150 a week of support, and makes alot more money than me. I want to file for divorce and just want legal advice on my rights.

James L. Arrasmith
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answered on May 6, 2023

As you have been separated from your husband for 7 years and your son is now 17 years old, you have the right to file for divorce and request spousal and backpay child support. The fact that your son has lived with you for 6 years and your husband only provides $150 a week in support could be... View More

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