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California Child Support Questions & Answers
1 Answer | Asked in Child Support and Divorce for California on
Q: My 17 and a half year old daughter does not want to go back to live with her mother. Mom has 80% custody.

Mom has 80% custody and gets child support

Maurice Mandel II
Maurice Mandel II answered on Oct 18, 2020

Maybe she should petition to become an emancipated minor?

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How is back child support calculated? And how is the start date determined?

Married 8 years with 2 kids 11 and 7

Separated for the last 3 years.

We have a written mutually set amount of 1700/ month for Child support. Aug2017-oct2019 (letter, emails and bank statements as reference)

October of 2019 communication between us turned. child support... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

Sometimes MSA's for child support work and sometimes it has serious consequences. In the case of retroactive child support, the courts look at date of separation and often to the date of request for orders. Your retroactivity, I have found to my chagrin begins from the date of request for... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Would it be better to file here or there?

I am living with the father of my 2 younger kids (3y and 5m) and he just broke off our engagement. I am moving back to Texas with all 3 of my kids.

I want to make sure that I have primary custody. I don't mind if my kids have visitation with him in CA but I want it to be under my... Read more »

Sandra I. Salinas
Sandra I. Salinas answered on Oct 13, 2020

Jurisdiction (the court's authority) regarding custody is based on where the kids have been physically present for the 6 months immediately preceding filing a custody action. If the children have been living here for at least 6 months and then you file in Texas, then most likely CA will still... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: Can I pursue child support from a divorce in 1963? Our Divorce was done in Taylor county Abilene, Texas

Father never paid and I no longer have my divorce papers to see what was ordered. I have tried various public searches and still I'm unable to locate even the case #

Shawna Murray
Shawna Murray answered on Oct 11, 2020

You would need to seek the advice of an attorney in Texas, where the case was filed, for your answer.

3 Answers | Asked in Child Support and Estate Planning for California on
Q: Can you pay for child support from a trust where the child is the beneficiary?

My wife and I are recently divorced. Years prior to our divorce, we set up trusts for each our daughters. I am the trustee and my daughters are the beneficiaries of each of their trusts. The trusts own shares in a private company that may have a substantial liquidity event in the near future.... Read more »

Shawna Murray
Shawna Murray answered on Sep 27, 2020

It depends on the language of the trusts. You are going to need reread the trusts and consult with an estate planning attorney who can review them with you.

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1 Answer | Asked in Family Law and Child Support for California on
Q: Is my ex solely responsible for our minor kids' oop medical costs associated with expensive insurance HE insisted on?

My ex and I have 2 children, 16 y/o. Our divorce left me in terrible finances, while he continued earning more, well over 6 figures. I left a great career a few years ago due to my daughter's difficult medical diagnosis.

My income is so low i am on medi-cal, and since my children live... Read more »

Shawna Murray
Shawna Murray answered on Sep 27, 2020

You are responsible for uninsured medical costs based on what your court order says. The language varies from case to case. Usually there is language in the order stating that the healthcare coverage should be free of cost or at reasonable cost. It does not sound like the insurance he has provided... Read more »

3 Answers | Asked in Child Support, DUI / DWI and Family Law for California on
Q: My ex has 2 DUI from not long ago and i just filed for child support. He claims this will send him to jail, is this true

Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 22, 2020

I don't think he can go to jail if a family court orders child support. If he violates that order he could have additional problems, including loss of driving privilege. But, he can get the order modified if his income changes so it's really up to him to keep on top of the child support order.

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1 Answer | Asked in Domestic Violence, Child Custody and Child Support for California on
Q: We’re can I find pro bono attorney I all ready got restraining order but regardless courts allowing baby daddy rights

Although federal courts agree he’s a risk to our daughter but now I have to battle custody wen he’s a stranger to my daughter

Dale S. Gribow
Dale S. Gribow answered on Sep 20, 2020

MORE INFO NEEDED

CONTACT LEGAL AID IN YOUR CITY.

I WOULD ENCOURAGE YOU TO WRITE OUT A DETAILED SUMMARY OF THE FACTS AS "FREE LAWYERS" DON'T ALWAYS HAVE A LOT OF TIME. BY WRITING THINGS OUT THE LAWYER DOESN'T HAVE TO PLAY SECRETARY.

I SUSPECT YOU MAY HAVE...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Child custody/support and relocation

My job is relocating me out of California and my ex wants to move to the same state so the kids don't have to travel for visitation. We have joint custody. Is the child custody and support order issued originally in California still in effect if both parents no longer live there? Would an... Read more »

Shawna Murray
Shawna Murray answered on Sep 18, 2020

Yes, the child custody agreement is still in effect even if you both move out of California. You can and probably should register the California child custody agreement in the new state's court system. I recommend that you consult with an attorney in the state where you have relocated to get... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can a divorce attorney be hired only to represent you at a MSC
Shawna Murray
Shawna Murray answered on Sep 10, 2020

Yes, you can hire an attorney to represent you for just one hearing. It is called "limited representation." You can Google that term and/or "unbundled attorney" to find lawyers who do this.

3 Answers | Asked in Child Support and Divorce for California on
Q: I am recently separated and I need to file for divorce.

I left my husband after 8 years of marriage and 11 affairs. I tried everything to fix my marriage including marriage counseling but it was irreparable. We split 50/50 custody of my 3 kids, (ages 12, 11 & 5) I don't receive any monetary help from him but I am struggling to make ends meet.... Read more »

Sandy Lynne Meade
Sandy Lynne Meade answered on Sep 10, 2020

Whether or not you qualify for spousal or child support will depend on the facts of your case. Primarily, how much you earn versus how much he earns, whether or not you already waived your right to spousal support (in a pre-nuptial agreement which may or may not bar spousal support--you'll... Read more »

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1 Answer | Asked in Child Support and Juvenile Law for California on
Q: I lied about my age to get a job because I was underage. I lied on the paperwork too. How much trouble could I get in?

I was 15 and told my employer that I was actually 16, and even wrote it on the application and orientation paperwork. This was in California. It was a McDonalds. Whenever someone like my managers would ask me, I would always tell them 16 instead of 15. They still don’t know, and I still work there.

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Dude, you are in REALLY BIG TROUBLE NOW!!! The punishment is that you will have to eat at McDoo every day for the rest of your life!!! So if this comes from Detroit, MI and the McDoo is in CA, and you STILL work there, you must have one heck of a commute to get to work every day. You mix tenses,... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for California on
Q: My ex wife is pregnant, and she just moved back to GA from CA without my consent, I want to file for divorce

But she isn’t due until thanksgiving, how do I go about getting the process started? I make roughly 130k annually, what will I be expecting for child support?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 9, 2020

1) she does not need your consent to move to GA; 2) not enough information here to predict for you what you will be required to pay in support. The calculation takes into account both parties' income and the percentage of time each party has custody of the child. You can proceed with filing... Read more »

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1 Answer | Asked in Child Support and Family Law for California on
Q: Can a child I never knew I had ask for Child support? he is now 38 years old.
Maurice Mandel II
Maurice Mandel II answered on Sep 8, 2020

He can ask, but absent a Court Order in a paternity suit, he may not be legally entitled to anything. Besides, doesn't Child Support go to the parent that is raising the child, not directly to the child 20 years after they reach maturity? You should consult an attorney specializing in child... Read more »

1 Answer | Asked in Child Support for California on
Q: Why is the child support using we're did you move my cheese that is intrapment
Maurice Mandel II
Maurice Mandel II answered on Sep 8, 2020

Well, was the cheese in a mousetrap, or what?

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I have a question about spousal support and child custody.

Married 18 years, with three girls age 17, 15 and 10. I net $8000 per month, have worked as a civil servant in the U.S. defense industry for almost 40 years. My wife works part time but started that years ago when our girls were small. No need anymore since they are older. She still refuses to go... Read more »

Shawna Murray
Shawna Murray answered on Sep 1, 2020

It sounds like the initial ask is for temporary spousal support, which is often calculated by inputting the couple's income into one of two computer programs called "Dissomater" or "Xspouse." Most attorney's pay for a license to use this program and can give you a... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Should I keep trying to find a decent lawyer, or give up and represent myself?

I recently filed a restraining order against my now ex for domestic violence and our court date is coming quickly. I've been scouring for what feels like ages looking for representation and coming up short. I have footage from our security cameras of the recent abuse (cops took a clip of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 30, 2020

Try Riverside county too, there are a lot of good practitioners there. It is better if you have an attorney to speak for you, because you will be emotionally invested in the proceeding and may not make the best impression on the judge. The attorney will help you to organize the presentation so... Read more »

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1 Answer | Asked in Child Support for California on
Q: who can help me fill out child support papers filed against me.
Maurice Mandel II
Maurice Mandel II answered on Aug 30, 2020

You can hire an attorney or do it yourself. The courts had a "self help" office that could assist you before Covid, I do not know if they have re-opened after the court closures last March. The Government does not provide you with a free attorney except in the case where your liberty is... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: How is it that the interest on arrerrages can total over 4k per month?
Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 17, 2020

Unpaid child/spousal support shall accrue interest at the rate of ten percent (10%) per annum. What you owe is the principle debt plus interest. How much you owe depends on what the principle debt is. 4k does sound a bit high, but I have no idea how much you actually owe as arrears and what you... Read more »

1 Answer | Asked in Child Support for California on
Q: Is my husband ex-wife entitled for more child support if i win a big amount through a legal settlement in California

My husnand and his ex have 3 kids, my husband is unemployed currently and the child support he used to pay dropped to 20% recently . She doesn't make much money and there is a possibility she loses her job. I might win a big sum of money through a lawsuit

Maurice Mandel II
Maurice Mandel II answered on Aug 16, 2020

Interesting question. What is community property when you win a lawsuit? Answer: it depends on the basis of the claim, if it is a community property claim then some could be attributed to your husband, but if it is a separate property claim, it belongs to you not him. Suggest you deposit it in a... Read more »

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