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California Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Can you be legally served in court by the plaintiff when you are before the judge on a separate case you petitioned?

I Petitioned for custody/ visitation. At the hearing the commissioner continued the case. Before she adjourned i requested a stay on a DCSS case i just discovered with no service attempt. Judge didnt rule on it but ordered the caseworker in court to serve me. How is this ok?

Samira Amato
Samira Amato answered on Apr 6, 2020

Yes, you can be served in Court. So long as you are served by someone who is 18 years of age and over and not a party to the case.

1 Answer | Asked in Child Custody and Child Support for California on
Q: When modification box is checked on a child custody order does it supersede and invalidate conditions on the prior order
Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 1, 2020

The new orders take precedence over all issues modified.

1 Answer | Asked in Child Support for California on
Q: Can I still get an increase in child support ?

I have a 9 year old daughter.

Her dad hasn't been in her life. I have an open child support case in California.

He has another child am I still able to get an increase since my daughter is getting bigger?

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 1, 2020

Thanks for the opportunity. Child support is based upon the gross incomes of each party and the visitation percentage shared by the non-custodial parent. There are certain entries, as well--new children from other relationships, tax filing status, etc. Support does not change based on the age of a... Read more »

2 Answers | Asked in Child Support and Family Law for California on
Q: Hi there, I have a 3 year old daughter and trying to do a DNA test on her father and get child support .

How can I got about starting the process in finding him even if he blocked me from social media. He knows of her as well, I tried even reach out through his girlfriend,but no luck.

Mike Darlington
Mike Darlington answered on Mar 30, 2020

Contact the Department of Child Support Services in your county and they will assist you with this free of charge.

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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My 13 y/o son wants to move in with his dad but my 7 y/o wants to stay with me. I have full custody

The dad hasn't had any communication with the kids for 4 years and hasn’t paid a penny in child support and I don't want him to pay because all he does is give me grief. My son is very rebellious and all he says is he hates me and wants to live with his biological father. Is it possible for my... Read more »

Mike Darlington
Mike Darlington answered on Mar 14, 2020

You have so many issues here that this is almost impossible to respond to through this medium. My first recommendation is to sit down with a local family law attorney that does a lot of custody issues in your area. You really need an expert's analysis of your specific problem.

As to your...
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1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: How can I prove that my estranged husband is lying about his rent payment where he lives with his aunt?

He states in court papers he pays $900 but I know he only pays $200

Mike Darlington
Mike Darlington answered on Mar 11, 2020

This may be a little complex, but first request the production of all cancelled checks or cash payments receipts for rent for the period of time in question. Analyzing the requested information may require skills you do not currently possess, such as sequential numbers on printed receipts etc.... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My husband's 16yr old decided she would like to live with her mother full time. Can his ex get more child support?

There are no rules at her mother's compared to our structured home. Her mother has bad-mouthed my husband since his daughter was 6 yrs old. Now, the daughter has this "Eff-U" attitude towards her father. The reason for her decision to stay at her mom's was that she was happier there. Of course,... Read more »

Mike Darlington
Mike Darlington answered on Mar 9, 2020

She will certainly have the right to request more support. I do not have any financial information that would allow me to indicate whether she would be successful or not, but considering he is already paying support it would seem likely.

The courts do not look into the reason why she wants...
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What can I do???

About 4 years ago she abandoned our home left with other man.the kids stayed with me.few months after she left I got a restraining order cause she came and broke my front window of house In front of kids.i filed for child support like 2 years after she left and I've received about maybe $1000 total... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 3, 2020

You have a lot of serious issues that shouldn't be simply addressed in a quick email. Please make an appointment to see an attorney, or set one with a family law facilitator in your local county at the court.

1 Answer | Asked in Child Support for California on
Q: I have a 20 year old son. Can his mother file for child support now? Or is he to old?
Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 3, 2020

Child support is generally available until a child is 19, if enrolled in high school full-time. If the child has special needs, or is disabled, support could be available for life.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I been with my husband for 8 years unmarried and 7 months married. We have one 7 year old child together. What are my

Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can a 13 year old deny going with her parent when the other parent allowed for staying at a friend's house?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.

The simple answer to that is, "no, they do not." Unless there is some kind of provision in the...
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1 Answer | Asked in Family Law, Criminal Law and Child Support for California on
Q: How can we report to the court that the mother is moving with daughter and is leaving without notifying the court

My partner lives in LA and is paying for child support through the county of riverside Indoh in palms springs, mother just sent out a text stating she was moving to Tahoe and is keeping everything the same without the court knowing she is moving. What can we do or say to the court, so he can either... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 13, 2020

more info needed.

you should talk to whoever handled the family law case.

if no one use legal aid for consult.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: As the custodial parent can I deny a supervised visit to be conducted at my sons fathers house?

My sons a father was granted supervised visits they have taken place at a public location but now he and the supervisor are trying to change the visits to be conducted at his house. Because of past incidents where his fiancé, her mother, and my sons father have put our son in harms way I am not... Read more »

Mike Darlington
Mike Darlington answered on Feb 9, 2020

Your right to make decisions regarding the terms of the supervised visitation; such as location, times, supervisor etc. are all governed by the terms of the custody order. You would have to read your custody orders to determine what options you have, or do not have.

If they do not cover...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I'm behind on child support for about three years now. I was lost in life and didn't really care about anything.

I know that by know I might have an arrest warrant. Can I get a lawyer to remove arrest warrant and start making my monthly child support payments and payments on money I'm behind with? I just need to start all over on my child support. Pay my monthly payments due and give payments on child support... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 6, 2020

https://childsupport.ca.gov/overview/debt-forgiveness-program-coap/

3 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: If i file for Child support against ex, does he still visitation rights if he's abusive?

Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file for... Read more »

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Child support and visitation rights are separate issues even though you can file for them together in the same pleadings. If he is on the birth certificate than you would want to file a Petition for Custody and Support. At the same time you should file a Request for Orders which will set out to... Read more »

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1 Answer | Asked in Child Custody and Child Support for California on
Q: If a father owes back child support but is paying child support now can he be denied visitation rights ?

Planning on putting in the paper to ask for visitation. We have an agreement through child support but she's making it difficult to see them

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 29, 2020

Absolutely not. Paying support has nothing to do with whether a parent can or should have visitation or custody of their children.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: My ex has restraining order and now asking for child custody. 1. I didn't make many police report but

My ex has restraining order and now asking for child custody.

1. I didn't make many police report but he has been physically abusive / verbally and emotionally

2. he's not a permanent resident

3. he works for cash and if he does get the daughter I am afraid he would... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

i should be on DUI and PI

you would explain these concerns to the court with the info you have.

most courts have attorneys, paralegals or clerks available to answer questions.

go to the courthouse involved and inquire,

maybe google legal aid

1 Answer | Asked in Family Law and Child Support for California on
Q: Can child support make me pay if I'm receiving public assistance?
Mike Darlington
Mike Darlington answered on Jan 19, 2020

If you are on pubic assistance than I would assume you have the children, which means the child support order should be in your favor.

If you do not have the children and are being asked to pay child support for kids other than the ones on public assistance, than you can be required to pay...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How long with no communication and no child support can I file for child abandonment?
Mike Darlington
Mike Darlington answered on Jan 9, 2020

I am unsure of what you arenwanting to do. If you want to terminate the other persons parental rights there is a petition (not a form) you can file for that in California. The baseline for communication and/or support is one year. However, there nuances to that rule that you need to explore.... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can he kick me out without help like trash when i have depended on him for 15years

I have been a stay at home mom for 15 years and now boyfriend decides that he is done kicks me to the street. he is keeping the kids from me and acting like he does not have to help me can he kick me out

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 8, 2020

You have parental rights. You have the right to custody and/or visitation. If you want those rights adjudicated; i.e. to get a court order, you will need to file a parentage action (aka paternity) and request child custody orders and support. As a co-habitant, you do not have the same rights as... Read more »

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