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California Child Support Questions & Answers
1 Answer | Asked in Child Support for California on
Q: How can I hold child support accountable for "missplaceing "10,000"

Ok so I recieved a small inherantce of 30,000 I knew I owed child support so I called them up made an agreement in writing with them. I would give 2 payments 3,600 and a 10,000 payment and start on my monthly payments ok we both signed about a month later they went into my account and took... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 3, 2020

The short answer is: You have to ask them for an audit.

You can ask them to do that voluntarily, but the request might get buried on someone's desk.

The stronger way to do that is to file a petition with the court that ordered the child support and ask for the judge to ORDER...
Read more »

1 Answer | Asked in Child Support for California on
Q: Where can I get help to fill out my child support response since the help centers are closed?

I was served back in February and the other parties paystubs are from December 2019 and January 2020 are those still valid? What happens if I can’t get help filling out the paperwork and submit it to the court before my court date which is about a week away?

Chris M. Bradford
Chris M. Bradford answered on Jul 2, 2020

You should have been served with the blank forms that you need to fill out for court. Use those forms. If you don't have them any more call up the secretary for the other side and ask her/him to email them to you ASAP again. If you are in the regular family law court, those forms would be... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Child Support for California on
Q: How to respond to (petioners) RFO orders Ex- Parte Notice late notice via email sent by his attorney to me (respondent).

this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Support and Public Benefits for California on
Q: I've had money taken from me for A child that's not mine from over 20 years and they're grown I want my money back

My stimulas has been taken and in the past it was made to stop garnishing wges but didn't know I can't get unemployment either I am not the father

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The judge is going to ask you: Why did you wait 20 years to challenge that you are not the father? Why didn't you do that 20 years ago? If you look back at the original order it no doubt says that you are the father in the original order. If you were not the original father, it should... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Probate for California on
Q: CPS removed my son 12/9/2013, 2 days after his birth. I successfully closed my case and got him back 8/13/2015....

Then took him again 8/3/2017 and forced me into signing a voluntary temporary guardianship for my son to live with his paternal grandmother due to domestic problems and false allegations in a bitter divorce from his father. No drug test given, no criminal charges filed, and no proof to support... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

It is unclear whether you are still in Juvenile Dependency Court or the Guardianship Court. In Dependency Court you are awarded your own attorney, as you probably know, and you would need to ask them what to do next which will depend on what has already happened in the past. You probably already... Read more »

1 Answer | Asked in Child Support for California on
Q: Do I need to file paperwork once my child support obligations are met per the Filed Divorce Agreement.

My child is 18 and graduated high school which meets my divorce agreement, that was Filed in County of Riverside in 2012. Someone mentioned I needed to file paperwork and I want to make sure that I snot the case as I cannot find that anywhere.

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

The short answer is: it depends. If you are making voluntary child support payments which are not deducted from your payroll, but you are personally writing the child support checks, then read your agreement and make sure you are dong what it says and then just stop paying when the time is up.... Read more »

1 Answer | Asked in Child Custody and Child Support for California on
Q: If both parents work and have agreed to a 50/50 custody of the children, is child support still required?

My income as a father is greater than hers, will I still be required to pay child support if I petition for a 50/50 custody, and agreement thats already been made by both sides?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 19, 2020

Child support is calculated using an algebraic formula in the form of a computer program. The percentage of time each parent has custody is but one factor used to calculate support. In addition, the parties' respective income, certain deductions from income, health insurance premiums and... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I pay child support to my ex for our daughter, she has sole physical and legal custody of her. Today the judge approved

for me to have temporary custody of my daughter, pending our custody court date. My question is, do I call child support and ask them to stop payments to my ex, since my daughter is in my custody for 2 months? Our custody court date is set for August 3rd. Or do I have to allow them to keep... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on Jun 3, 2020

In order to stop the child support garnishment you need to file for modification of child support and it will only be modified after a court order. Any modification entered after the filing of the request for modification will be retroactive to the date of filing and you will be entitled to a... Read more »

1 Answer | Asked in Child Support, Divorce and Real Estate Law for California on
Q: A lien has been put on my home for child support my ex owes. How can this be removed?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 27, 2020

It can be removed by paying the exact amount and a fee for the removal of the lien. Usually there is a number you can call to remove the lien.

1 Answer | Asked in Estate Planning, Family Law, Child Support and Probate for California on
Q: I need to collect child support via someone's inheritance, which is in probate. What forms would I use in California ?

Child support order is in place. Arrears is owed

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

Go to the county probate court’s Website, find the case information and the law firm’s contact information, and deliver the claim to them. The law firm must pay all valid liabilities before distributing the estate. Alternatively, contact the probate court and seek their help. I hope this helps.... Read more »

1 Answer | Asked in Child Support and Divorce for California on
Q: I have a question im separated from my hisband not yet divorce and he is forcing me to pay him the half of the last mont

Wich is 1,600 and he wants 800 but has not give me anything for the kids i have three kids so now i have to pay the rent by myself and support my children and he is no longer living with me what do you suggest me to do go put child support i do t know what to do

Marco Antonio Torres
Marco Antonio Torres answered on May 24, 2020

It unclear from your post if the rent has already been paid and he is asking for a reimbursement for the rent that was paid for the month of May or a reimbursement for the last month rent/security deposit.

Filing for child support is a start. Moreover, if you file for divorce you could...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How can a mom get child support but lives in a two person income household, & I struggle as a single dad to pay?

I have 4 kids. 2 by 1 mom & 2 by another mom. The 1st mom wants child support even though she lives in a household with a new partner who she has lived with for over 8-9 years, has 3 more kids with, & only refuses to marry him so she can collect more child support from me. While I struggle... Read more »

Mike Darlington
Mike Darlington answered on May 19, 2020

Actually, if she were to marry him it might increase your support. New spouse's income is not disposable to payment of child support. The only thing a new spouse's income does is put mom's income in a new tax bracket so she nets less income for the child support calculations. The... Read more »

1 Answer | Asked in Child Support and Family Law for California on
Q: Im about to buy a home with my girlfriend and wanted to know if her income can affect the amount of support I pay child?

I have child support court on July 7 and live with my girlfriend and our child but will have to start paying child support. Will her income effect how much support I will have to pay? What if we split bills and share income will judge consider I have more income ?

Marco Antonio Torres
Marco Antonio Torres answered on May 10, 2020

No - your girlfriend’s income has does not affect prospective child support. The judge will consider your income, expenses albeit are a part of the I NBC one and expense declaration, generally do not affect child support calculations.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Am I likely to receive sole custody when the father homeless but I have a jail record? I'm the primary caregiver.

I'm the unmarried mother of a 6 year old son. His father and I haven't lived together for over 2 years. I've been the primary caregiver for that time, arguably longer as he has never held a job and I have always been the primary breadwinner and responsible for his education and... Read more »

Mike Darlington
Mike Darlington answered on May 4, 2020

Reading between the lines there is way to much information that has been left unsaid to make an attempt to give you advice on how to proceed. You best bet is to get a consultation with a local family law attorney that can spend the time with you to get all of the information needed to make an... Read more »

1 Answer | Asked in Child Support and Family Law for California on
Q: My ex wife wants to restructure the remaining Spousal Support/Child Support so it’s consistent. Is it legal?

Basically she wants to add up the remaining amount of Support and divide that by the remaining months so it’s a consistent amount instead of it titrating down. What are your thoughts?

Mike Darlington
Mike Darlington answered on May 1, 2020

I think you are better off following the present order. When you start fooling with the order, like you are talking about, it could lead to future problems when it comes to paying your payments and in case of a subsequent modifications.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Mother(petitioner) of my child keeping kids away from me(RES)We have joint custody and lying about everything on Motion?

i Enrolled them into school for 3 years and my father was watching them and I was paying for their child care alone. She moved a few times during this and won’t let me have kids percentage wise more than 40% she says she can’t afford cost of living and needs more money. She just moved again to... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 20, 2020

You will need to file documents in court setting forth your position and your requests. Please consult with an attorney. The courts are currently closed, so you won't get access to the court's free attorney, a family law facilitator.

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: In RO, judge says wait to collect money at hearing, husband wants to pay it before can he do that?will I get in trouble?

A restraining order for Domestic Violence. The temp order was granted , but the debt payment I requested for my tax return the judge says to wait til the hearing. Husband wants to give the money over now. Can I get in trouble for taking money against judges wishes?

Mike Darlington
Mike Darlington answered on Apr 17, 2020

I am guessing at some of this since I am not privy to the actual orders, but I am assuming that you asked, as part of your application for the TRO, that a tax refund be turned over to you. The judge probably indicated that he/she was not going to grant you that request on an emergency basis but... Read more »

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1 Answer | Asked in Child Support, Criminal Law and Family Law for California on
Q: Will the stimulus check be garnished for back child support pay?
Dale S. Gribow
Dale S. Gribow answered on Apr 15, 2020

more info needed.

this CV 19 is bringing out a lot of questions that have never been dealt with before..........so we will see.

if it is money that is owed and they find it I suspect they could.

1 Answer | Asked in Child Custody and Child Support for California on
Q: If there is a court order for visiting can custodial parent decide just because child has turned 18 he no longer has to

Drop him off for visiting court order doesnt give date for end of visiting but I'm still paying child support our arrangement on court order was to meet half way and now he says because my sons 18 he no longer will take him half way if I want to see him I have to pick him up but yet hes still... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 14, 2020

Visitation orders end when a child turns 18, as they are adults and able to make decisions on who to visit.

Support orders generally continue until a child is 19, dies, becomes emancipated or is 18 and no longer attending high school, which ever comes first. This information is in your...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Non-custodial father needs help!

My ex wife and I got divorced June 2017 and had an agreement laid out that basically stated we would discuss and make arrangements and set a schedule when I would see my son. Over the course of the last 3 years I’ve have been through 2 alcohol rehab programs so that I could better and change my... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 13, 2020

File a Request for Order with the court. Attach your declaration stating what you've done and what you want. It is best to hire an attorney to do this for you, but a family law facilitator (an attorney) is available at the court house to assist those without funds.

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