Get free answers to your Child Support legal questions from lawyers in your area.
I received an MC-050 form filed by the non-custodial parent (NCP) who has not been involved in our shared child's life for over 13 years. The Department of Child Support Services (DCSS) has recently contacted us regarding his child support obligations, which have significantly increased. While... View More 
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answered on Feb 22, 2025
The MC-050 form in California is a Substitution of Attorney document, which means the NCP is either changing attorneys or choosing to represent themselves in the legal proceedings. This form simply indicates a change in legal representation and does not by itself initiate any new court proceedings... View More
I am the custodial parent, and I have been receiving SSDI since 2019, with my minor child also receiving dependent benefits. My ex-partner also started receiving SSDI, and he wants the court to force me to switch the child's dependent benefits to his SSDI, aiming to reduce his out-of-pocket... View More
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answered on Feb 22, 2025
Under California law, courts generally consider the best interests of the child when making decisions about support arrangements. While your ex-partner can request modifications to the existing order, courts typically won't force changes that would significantly reduce the child's overall... View More
I'm separated from my husband, though we still live under the same roof. Over the last 20 years, he has redirected his earnings to untraceable investments in India with the assistance of his family, leaving us without funds for a house or our son's education. He is unwilling to discuss... View More
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answered on Feb 22, 2025
Your situation sounds incredibly challenging, and I understand your concern for both your son's future and your financial security. California law treats this type of behavior very seriously, as hiding assets during separation or divorce is illegal and can result in severe penalties.... View More
I had my son's mother served with a Request for Order to change our child support order via personal service, but I forgot to include a blank response and a blank income and expense declaration. I just realized today that these documents were missing. Our court date is two weeks away, and I... View More
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answered on Feb 22, 2025
You'll need to address this procedural oversight quickly to ensure proper service and compliance with California court rules. The missing documents (blank response and income and expense declaration) are essential parts of the service package for child support modifications.
Given the... View More
I have consistently claimed my 19-year-old child as a dependent in previous years without any issues. My child lives with me full-time in California, and I provide all financial support. My ex, who has no relationship with my child, claimed them as a dependent on his taxes this year. My child did... View More
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answered on Feb 20, 2025
Based on the information you've provided, you have the right to claim your 19-year-old child as a dependent. Since your child lives with you full-time, and you provide all financial support, you meet the key IRS requirements for claiming a qualifying child dependent.
When two parents... View More
I have a child support case in California, where I owe $55,000, even though paternity has never been legally established. I found out about my 28-year-old daughter when she was around 2 or 3 because her mother initially told me she had an abortion and later said her husband was the father. The... View More
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answered on Feb 18, 2025
Your situation is complex but there are potential paths forward. The first crucial step is to request DNA testing through the California courts - even at this late stage, establishing or disproving paternity could significantly impact your case and potential obligations.
Working with the... View More
I'm going through a divorce in the U.S., and my spouse, Adam, with whom I've exchanged FL-150 and FL-140 forms, earns significantly more than I do. I've decided to waive child custody and alimony to finalize the divorce quickly. While abroad last year, I failed to provide financial... View More
answered on Feb 17, 2025
Yes, you can sign a binding agreement to finalize divorce without further claims as to the community property and alimony. Without knowing exactly what has transpired it's impossible do properly advise, but you may be able to waive final disclosures.
I have two child support cases with arrears owed to the county. In the first case, my children are over 18, and both parties have officially filed with DCSS refusing any payment, yet the arrears remain. In the second case, despite having full legal and physical custody, the case was fraudulently... View More
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answered on Feb 16, 2025
While both parties may agree to dismiss current child support, arrears owed to the county are more complex since they represent reimbursement for public assistance. The county has a legal right to collect these funds regardless of the parents' wishes.
Your best approach would be to... View More
I have an issue with a Request for Order for Child Support Modification. The parties knew the Guideline Child Support amount, discussed during a prehearing meet & confer. However, the judge struggled with calculations under FC4061b post-September 1, 2024, using outdated settings. The Judge... View More
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answered on Feb 15, 2025
While attorney misconduct complaints are possible in California, your situation appears to be more of a judicial error rather than attorney misconduct. The opposing counsel's behavior, though frustrating, likely doesn't rise to the level of misconduct since they're advocating for... View More
I am facing an issue with the child support modification due to a salary change. During the prehearing meet & confer, both parties knew what the Guideline Child Support Dissomaster amount should be. However, the judge had difficulty using the Guideline Support Dissomaster Program post-September... View More
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answered on Feb 15, 2025
While attorney misconduct complaints are possible in California, your situation appears to be more of a judicial error rather than attorney misconduct. The opposing counsel's behavior, though frustrating, likely doesn't rise to the level of misconduct since they're advocating for... View More
I sent a discovery request to my ex, asking for bank statements from their mother country covering the period from the date of marriage (Oct, 2018) to the date of separation (4 years and 2 months). However, they objected, claiming that the request is burdensome. Is this a valid objection?
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answered on Feb 15, 2025
Your request for bank statements spanning just over 4 years appears reasonable and proportionate in the context of divorce proceedings. Most courts in California would likely find this timeframe appropriate since it covers the entire duration of the marriage until separation - a period directly... View More
I have a child support order in place, but the non-compliant parent has not made any payments for six months, and child support enforcement has not taken any action during this time. His online business, which is registered in the same state as the child support order, is still operational. Besides... View More
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answered on Feb 15, 2025
You have several legal options to enforce child support through your ex's business operations in California. Working through the Department of Child Support Services (DCSS) is often the most effective path, as they can place liens on business assets and intercept business income.... View More
He's over 50,000 in dept with support 27 counts of contemp now he's files a motion so he stays out jail. Now he's claiming medical disability he works daily sole owner llc
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answered on Feb 7, 2025
You can gather strong evidence of your ex's business activities and assets through several effective methods. Consider hiring a private investigator to document his daily work activities and photograph the vehicles he drives - this kind of professional documentation holds significant weight in... View More
Arrears have been established by child supprt agency and they also collect and send a portion to Calworks every month.
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answered on Feb 7, 2025
You need to know that when your ex-spouse’s taxes are garnished for child support arrears, the funds are first processed by the child support agency.
The agency uses those funds to pay down the arrears, and part of what they collect is remitted to CalWORKS each month to help offset the... View More
I owe about 30,000 out of Tennessee and I live in California. I want to get this behind me
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answered on Feb 5, 2025
An attorney can help you explore options to address your child support arrears. They can review your case and determine if there are any legal grounds for reducing the amount owed. For example, they might look into changes in your financial situation, whether the arrears were calculated accurately,... View More
I have a final judgment in my divorce case in California. I want to know if I can request updated financial information (income and asset details) and marital status from my ex-spouse after the judgment, especially for child support and spousal support purposes.
Additionally, if my... View More
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answered on Feb 1, 2025
You can request updated financial information from your ex-spouse after a final judgment in California if you need it for child or spousal support adjustments. The court provides avenues for post-judgment discovery to obtain necessary income and asset details.
If your ex-spouse provides... View More
4 weeks ago I gave my ex a child support check (in full and in time). It was a cashiers check. She just messaged me to inform me that she misplaced the check, and is demanding that I process a stop payment for the original, and issue her a new one. I understand HOW to do this. My question is, what... View More
answered on Jan 31, 2025
Yes, you need to write another check. How happy do you think a judge will be when your child goes hungry because you wouldn't write another?
I have been wanting to leave my husband for years due to emotional, psychological, verbal abuse. On Sunday, 1/26 he grabbed me by the hair and pushed me outside and locked me out. He also hit the back of my son’s head. I didn’t call 911 but it was witnessed by my daughter and my mother. He... View More
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answered on Jan 28, 2025
I’m so sorry to hear about what you’re going through. Your safety and the safety of your children is the most important thing right now. If you haven’t already, please consider reaching out to a domestic violence shelter or hotline. They can help you create a plan to safely leave the... View More
My ex has failed to submit the Preliminary Declaration of Disclosure (PDD) and previously attempted to request a trial setting, which was denied. I have been paying alimony based on a stipulation, not calculated by income considerations. The marriage is approaching the halfway mark of its duration,... View More
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answered on Jan 24, 2025
Filing an RFO to terminate spousal support based solely on your ex's failure to submit the PDD might be challenging, as courts typically require substantial changes in circumstances directly affecting the support calculation to modify alimony.
While your ex's non-compliance with... View More
so the father of my kids has never paid any type of child support or even tried to see my kids but he has been paying child support to he's other kids but when i asked child support about what happened to my case they said that they closed my case cuz the place where he works at said he had... View More
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answered on Jan 16, 2025
You can absolutely pursue legal action against the Department of Child Support Services (DCSS) if they failed to properly investigate or handle your case. Their responsibility includes verifying information and taking appropriate steps to collect child support, and it seems they may have accepted... View More
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