Get free answers to your Child Support legal questions from lawyers in your area.
can she void this agreement and ask for more money if all parties agree to this.
answered on Nov 6, 2024
It's not a matter of voiding the agreement. What either party can do is seek a modification of the agreement or otherwise get a court order for a different amount of child support. What the court "dictates" is known as "guideline support". It's the law. If you and... View More 
My 16 year old visits and tells me everything. I have social media info. that verifies their relationship and it's seriousness. She also only has her daughter 8% of the time when it's supposed to be 30%. How much will it cost to correct this?
answered on Nov 3, 2024
It's not a "correction". The fact of her cohabitation is grounds for modification of an existing spousal support order if the cohabitant has income and that income is used to contribute to the household expenses/cost of living expenses. It is not relevant to child support however.... View More
My 16 year old wants to live with the father but my youngest don’t how will the child support work in this case
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answered on Sep 22, 2024
It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More
in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received... View More
answered on Sep 19, 2024
Generally speaking , a person who has full custody can request a change to a court order that initially said no child support was required. In California, they would typically need a good reason to have it changed, such as a significant change in their or your finances or a change in the... View More
in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received... View More
answered on Sep 19, 2024
The answer depends on what you mean by " relinquished [your] rights". But generally speaking. A person who has full custody can request a change to a court order that initially said no child support was required. In California, they would generally need a good reason to have it changed,... View More
in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received... View More
answered on Sep 19, 2024
Not sure what you mean by "released your rights". You cannot relinquish your parental rights unless your child is being adopted. Your obligation to pay child support/to financially support your child remains enforceable regardless of what agreements you may have reached with the other... View More
I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More
answered on Sep 19, 2024
If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More
The court mediator, recommended immediate return to mom,but his lawyer said she was bias, and they file new laws everyday, they don’t serve me, and got my trial date moved to next year. How can I quickly reverse or dismiss this, based on no due process, fact finding, no service, no evidentiary... View More
answered on Sep 19, 2024
First off, get your own attorney right away if you have not done so. This is not a situation you want to try to handle on your own.
With the attorney you can discuss if a motion to advance, new trial date or emergency motion is the most appropriate action. If you have any evidence that... View More
Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only
answered on Sep 15, 2024
It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may... View More
We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and... View More
answered on Sep 15, 2024
In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More
i went to prison in 2017 and was forced to sign some papers what i think was signing mhy rights away to my son.i dont know what states hes in and the only time his mom contacts me is when she needs something. i want to be apart of my sons life not just as an atm but as an actual father. i need help... View More
answered on Sep 15, 2024
To find out where your child is, start by contacting the child's mother for his location. If she refuses, consider hiring a lawyer or private investigator, or seek help from friends, family, or social media. Consult a family law attorney in your state or where your child may be to determine if... View More
In family law (LA County), my ex’s attorney sent me 25 questions, followed by 35 more questions 10 days later. I requested a 20-day extension for the second set, but she refused. I tried to personally serve the first set 3 days before the deadline according to her instruction, but she was not in... View More
answered on Sep 9, 2024
There is no meet and confer requirement when no responses have been served at all. There is a difference between filing a motion to compel and filing a motion to compel further responses. With an initial motion to compel, when no responses have been served at all, there is no meet and confer... View More
My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More
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answered on Jul 25, 2024
To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More
My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.
But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More
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answered on Jul 22, 2024
To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More
When I file contempt for 3 years of child support in CA (36 counts), am I allowed to also file 36 counts on non payment of court ordered arrears also? There is a 3 month acceleration clause in paperwork.
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answered on Jul 22, 2024
Yes, you can file for contempt for non-payment of court-ordered child support arrears in California. Each missed payment can be treated as a separate count of contempt, similar to missed child support payments. Therefore, if there are 36 counts of missed child support payments, you can also include... View More
When I file contempt in CA for non payments of court ordered child and spousal support, should I include the proof in my filing also (NCP 1099's) ?
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answered on Jul 22, 2024
When filing for contempt in California for non-payment of court-ordered child and spousal support, you should include proof of the non-payments in your filing. This proof can consist of documents such as 1099 forms, payment records, or any other financial statements showing the non-compliance.... View More
If I filed contempt for non-payments of child support in California, and then asked the judge to take it off of the calendar because an agreement had been made. Am I allowed to refile since NCP failed to adhere to the agreement?
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answered on Jul 21, 2024
Yes, you are allowed to refile for contempt in California if the non-custodial parent (NCP) failed to adhere to the agreement. California law permits you to take action again if the other party did not follow through on their obligations.
When you previously asked the judge to take the... View More
I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More
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answered on Jul 21, 2024
Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More
He pays 150 a week and has proof of paying but mom won't let him see her now that he has a new relationship
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answered on Jul 2, 2024
In California, child support and visitation rights are separate issues. Even if your son is paying child support, the mother cannot legally withhold visitation unless there's a court order permitting it. Your son has the right to see his child according to the agreed-upon custody arrangement,... View More
Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?
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answered on Jul 1, 2024
I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:
1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these... View More
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