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California Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for California on
Q: Refers to Family Law - specifically determining child support obligations when parent are not married.

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 »

Tobie Brina Waxman
Tobie Brina Waxman
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.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: if i get served a demands for inspection through email from her lawyer, my sons mother, that has not been filed with the

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 »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 19, 2023

It’s not supposed to be filed with the court. Respond to it.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How do I transfer my child support case out of CA?

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.

Tobie Brina Waxman
Tobie Brina Waxman
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 »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How do I transfer my custody case from California to Florida?

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 »

Tobie Brina Waxman
Tobie Brina Waxman
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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Is the mother of my child allowed to keep her away from me because she “needs time to heal”?

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 »

Tobie Brina Waxman
Tobie Brina Waxman
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 »

1 Answer | Asked in Employment Law and Child Support for California on
Q: Can i sue my wifes employer for paying her under the table and she lying in court about her work hours and monthly wage?

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!

Brad S Kane
Brad S Kane
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.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How do I take full custody as a single mother the sperm donor bailed on my daughter last year in August.

He abandoned my daughter last year in August and I need

Help

James R. Dickinson
James R. Dickinson
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 »

1 Answer | Asked in Child Support for California on
Q: Noncustodial party skips child support payments regularly and makes large purchases elsewhere. What can I do?

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 »

James R. Dickinson
James R. Dickinson
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.]

1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: I sold 100% of my business a year before I got married and agreed to take monthly payments per the sale agreement.

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.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

The monthly payments would count as income available for calculating spousal and child support.

1 Answer | Asked in Education Law, Sexual Harassment, Criminal Law and Child Support for California on
Q: at school 11y boy was punish by school, violation sexual harassment over a retaliation on bully second prior done t him

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 »

Dale S. Gribow
Dale S. Gribow
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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can you offer to waive child support arrears (non-aid), in exchange for non-custodial parent's consent to move-away?

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.

James L. Arrasmith
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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 »

1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

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

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I want to file a case against (????) I am a father who has been requested to pay child support. 1983 who?

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

James R. Dickinson
James R. Dickinson
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.]

1 Answer | Asked in Child Support for California on
Q: I have a court order to receive child support. I didn't collect over the past three months as my life was in transition.

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 »

James R. Dickinson
James R. Dickinson
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 »

1 Answer | Asked in Criminal Law, Child Support, Civil Rights and Constitutional Law for California on
Q: What can I do to stop them from losing my paperwork,changing the worker and I consolidate the case to modify this order?

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 »

James R. Dickinson
James R. Dickinson
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.]

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Am I eligible to receive child support?

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 »

James L. Arrasmith
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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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: My daughter needs a pro Bono lawyer to help get her boys back home.Can anyone please help ?

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

James L. Arrasmith
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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.

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: My family court attorney said, it's our last ditch effort to salvage a settlement. What does that mean ?
James L. Arrasmith
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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.

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1 Answer | Asked in Child Custody, Child Support and Divorce for California on
Q: California ... process of legal separation vs divorce... I don't know where to begin
James L. Arrasmith
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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 »

1 Answer | Asked in Family Law and Child Support for California on
Q: I'm looking to collect child support arrears on my ex who never paid a single dime.
Tobie Brina Waxman
Tobie Brina Waxman
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 »

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