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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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.