We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled)... Read more »
answered on Jan 24, 2023
child support is calculated using a formula mandated by law. https://childsupport.ca.gov/calculate-child-support/ Usually, with non married co-habitants, there is no obligation to pay "spousal" support. There are certain limited circumstances however, where some manner of support may be ordered.
There is a paternity test court hearing coming up on the 30th, i was also served a demands for inspection of documents for a child support judgment. Do i need to respond and give them 3 years of all my info, when the child might not even be mine? The response for the demands are due one week before... Read more »
answered on Jan 19, 2023
It’s not supposed to be filed with the court. Respond to it.
My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.
answered on Dec 27, 2022
I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child... Read more »
My case was originally established in CA but I have now moved to FL and from what I am told need to have the case released from CA so that FL can accept it but no one will tell me how to do that, and I have searched CA court forms and I cannot find anything to transfer out of state, just to... Read more »
answered on Dec 27, 2022
This is done by noticed motion. Meaning, you would need to file a Request for Order [form FL300] for change of venue. You file that motion in the jurisdiction where your case is currently. You provide the current court with information regarding where the case will be transferred if the motion... Read more »
I haven’t seen my daughter in almost two months. The mother came to my house when my current girlfriend was present and caused a scene being violent and disturbing the peace. She hasn’t let me see my daughter since and refuses to work out a plan of visitation because she doesn’t want my... Read more »
answered on Dec 20, 2022
Not much you can do without court orders. I'm assuming you have not filed a petition to establish the parental relationship (aka paternity), or a petition for custody orders? If you want something you can enforce, i.e. custody and visitation orders, you have to ask for them. You have to... Read more »
Example, she stated she earns $1600/m. However she works 40/week × minimum wage $16= $640 × 4 weeks = $2560/m. She, reporting less helps her get more child support which isn't fair to me and my kids. Thanks in advance. Need a lawyer asap!
answered on Dec 5, 2022
You likely have standing to bring a claim. You should speak with a family law lawyer about how to handle this type of hiding income.
He abandoned my daughter last year in August and I need
Help
answered on Nov 18, 2022
If you're referring to the father of the child as a "sperm donor," then you need to stop that for the sake of the child if nothing else. Speak with a local attorney regarding filing a parentage action. [I litigate cases. Anything posted here must not be construed as legal advice, nor... Read more »
Kids father whom has had a child support order for years skips child support payments intentionally for many months at a time. He is making large purchases elsewhere. What can be done about this? Can I take him to court? I understand skipping payments while having the money to pay is being in... Read more »
answered on Nov 15, 2022
Contempt proceedings. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I sold 100% of my shares in a business a year before I got married and agreed to take monthly payments per the sale agreement. If I were to divorce, would my wife be entitled to any portion of the monthly payments received after the marriage? I live in California.
answered on Oct 28, 2022
The monthly payments would count as income available for calculating spousal and child support.
after communicating this to the office they still made him as he committed a sexual harassment act , he them explain that this boy gave him no choice and has been bully him, he try to talk to him but instead he escalated the situation to dropping his pats. as parent I feel that the school gas... Read more »
answered on Oct 23, 2022
as a parent, we all want to protect our kids from Bully
the first thing is to try to deal with the school, or school board.
i assume he was told drop your pants or we will beat you up?
write out a detailed summary and send to the principal requesting a response within... Read more »
This is a child support case in California. Wondering if there is a family law code or case law that prohibit the use of waiving arrears as part of a family law agreement. Would rather waive back amounts owed than go through a lengthy court battle if consent is not given.
answered on Oct 4, 2022
Child support generally is waivable, but ONLY IF the court determines that the needs of the child can be adequately met in the absence of support. That is to say, you can settle on the issue of child support; but the court must specifically grant approval of this to ensure that the children are... Read more »
As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother
answered on Sep 29, 2022
I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.
I want to file in the federal courts against ( I dont know where to start) that the request for me to pay child support has and continues to violate my first amendment protections of the constitution. I have been doing as much of the hard work needed and I am wanting to begin this process
answered on Sep 27, 2022
Family law issues are handled in state court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I was staying with friends while looking for a new home and during this time our son stayed with my ex. We have 50/50 custody, but this was done in the best interest of our son. I am ready to move into our new house and asked for a “catch up” payment. He is refusing as he claims I abandoned my... Read more »
answered on Sep 27, 2022
This scenario is more tricky than you may imagine for reasons that can only be explained in detail during a consultation with an attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... Read more »
When I my husband left his kids mom he had his kids.Dcss garnished his wages for welfare she collected while they were still together. While going to court the mother applied for welfare in another county where she was in a drug rehab . That county sent him a notice for paternity.He called them... Read more »
answered on Sep 27, 2022
Sorry but this is confusing. Sit down with a local attorney to discuss your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I live in Merced County in California.
My ex and I have two children. My daughter lives with fiancé and I, we are not married. My son lives with his father and his girlfriend, they are not married.
My income is significantly lower than his income. Am I eligible to receive child... Read more »
answered on Sep 5, 2022
Most child support calculations are done under "guideline" rules, which means that it is more of a mathematical formula. You can calculate child support by going to various websites. You can deviate from these guidelines in special circumstances, but the guidelines are the general rule... Read more »
My grandsons always lived with thier mom , but father lied and said his mom is dying if boys could visit Louisiana.His mom hired a lawyer and will not return them . They are trying to cut my daughter out of her son's lives.PLEASE HELP
answered on Sep 5, 2022
I do not do a large amount of pro bono cases, but there could be a lot of free legal aid programs out there depending on your city. Also, most court websites have self-help information, and also a self-help desk with staff there to assist you with the case.
answered on Sep 5, 2022
The courts and most attorneys (at least, good ones) encourage settlement wherever possible. It is usually best for all parties, as court can be expensive and stressful. He was probably just trying to emphasize the importance of evidence.
answered on Aug 14, 2022
You would start by filing and serving the form FL100 -- the petition for dissolution. You will also file and serve the FL110 -- the summons. This is true for both legal separation and divorce. I have a helpful article on my website that describes the process:... Read more »
answered on Jul 28, 2022
Contact Child Support services. It is not noted here where you are or where your child support order was issued (what state, city, county, etc.) This is a link for the CSSD office in the County of Los Angeles, but the department has offices all over the state of California.... Read 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.
