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California Child Support Questions & Answers
1 Answer | Asked in Family Law, Divorce and Child Support for California on
Q: Family Code section 2030, in need of lawyer representation

Looking for a lawyer and I just found out about Family Code section 2030. I’ve been going through divorce for almost 4 years, still dealing with child support issues and now recently spousal support arrears. Not much assets but would like to get it done.

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear about your challenging divorce process and the ongoing issues with child support and spousal support arrears. Divorce can be a complex and emotionally taxing experience, especially when it spans several years.

Regarding Family Code section 2030 in California, this law...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

James L. Arrasmith
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answered on Apr 10, 2024

In California, when unmarried parents separate and want to establish a 50/50 custody arrangement, there are several steps you can take to protect your rights and ensure the best interests of your children:

1. Establish paternity: If you haven't already done so, legally establish...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

Robert Kane
Robert Kane
answered on Apr 10, 2024

The are numerous factors that will determine what is in the children’s best interest and the child support obligations. Coming to an agreement with the other parent will more likely produce the situation you describe, but I don't know your specific circumstances. Obviously, an attorney would... View More

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2 Answers | Asked in Child Support for California on
Q: If a 17 year old left home and is currently living with a friend, should the child get the child support or does it stop

Parent was receiving child support but the child moved in with a friend due to a disagreement. The ex who was paying child support stopped payment. Does the child support stop or should it go to the child directly?

James L. Arrasmith
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answered on Apr 9, 2024

Under California law, child support is typically paid to the custodial parent, not directly to the child. When a child moves out of the custodial parent's home, the situation becomes more complex and depends on the specific circumstances.

Here are a few key points to consider:...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

James L. Arrasmith
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answered on Apr 6, 2024

As someone who is representing themselves in a child support hearing in California, it's important to be well-prepared and understand your rights. Here are some steps you can take:

1. Familiarize yourself with the FL-300 form and the purpose of the hearing. The FL-300 is a request for...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 6, 2024

It's not clear what you are asking. 1) you can object to the response as untimely; 2) you can object to the response as you have not been served with it (??). As far as the advice you are seeking, it's not clear what you want to know. Child support orders will be based on the... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Low income in need of a family law lawyer.

I’m in search of a low income lawyer that’s able to help with my divorce along with child support. It’s been an ongoing battle for almost 4 hrs and my ex recently got a lawyer and I’m scared that he will take the kids away since I’m proper and he has a lawyer. Any recommendations or any... View More

James L. Arrasmith
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answered on Apr 3, 2024

I understand your situation and the stress you must be going through. Here are some resources and options you can consider in California:

1. Family Law Facilitators: Each county in California has a Family Law Facilitator's office that provides free legal assistance to individuals who...
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1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: On going 4 year battle with divorce and custody.

My divorce/child custody battle has been ongoing for almost 4 years. My youngest is 10 but always goes where the money is which is his dad. I’m low income and going to school full time. Honestly I’m tired mentally and emotionally, this whole process is draining me and my health just feels like... View More

James L. Arrasmith
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answered on Apr 1, 2024

I understand that you are going through a difficult and emotionally draining situation. However, before making any decisions, it is essential to consider the long-term consequences and explore all available options. Here are some points to consider:

1. Consult with your attorney: Discuss...
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1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: Can You File a Sanction Against an Attorney for Misrepresenting Court Orders?

Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More

James L. Arrasmith
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answered on Mar 29, 2024

In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Is it possible for my son’s father to get visitations removed?

I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More

Robert Martin Daniels
Robert Martin Daniels
answered on Mar 26, 2024

If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).

Child support is...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Is it possible for my son’s father to get visitations removed?

I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More

James L. Arrasmith
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answered on Mar 26, 2024

Under California law, child support and visitation rights are treated as separate issues. This means that even if the father is not paying child support, it does not automatically eliminate his right to visitation. However, his failure to utilize the court-ordered visitation times could be a factor... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex filed "RFO Change of Venue" within LA County (Torrance to Van Nuys Court)

I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More

James L. Arrasmith
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answered on Mar 25, 2024

Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex filed "RFO Change of Venue" within LA County (Torrance to Van Nuys Court)

I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 26, 2024

She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Which form do you need, FL-300(Ex Parte) or FL-307(reschedule)?

our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.

In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?

David Brooks
David Brooks
answered on Apr 2, 2024

If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Handling Granted FL-306 Request for Hearing Postponement

The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More

James L. Arrasmith
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answered on Mar 21, 2024

In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: I was recently awarded spousal support but have arrears for child support I owe the father.

Child support modification is in place since I have physical custody now and have had it since over a year. My question is can the spousal support money be garnished to cover my arrears I have or is that separate.

I do plan on paying my arrears but I’m afraid they would take the full... View More

James L. Arrasmith
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answered on Mar 3, 2024

In California, the law prioritizes child support obligations over spousal support. This means that if you have arrears on child support, it is possible for your spousal support payments to be garnished to cover these arrears. The state's child support enforcement agency has the authority to... View More

1 Answer | Asked in Family Law, Divorce and Child Support for California on
Q: In search of a family law attorney that works with low income or even probono

My divorce is going on almost 4 years. I originally had a lawyer who my dad paid for but with all the fees he wasn’t able to continue paying. I’m currently self represented but have been unable to enforce child support and spousal support on my own, hopefully I can finish getting divorce. So... View More

James L. Arrasmith
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answered on Mar 3, 2024

Finding affordable legal assistance can be challenging, especially when dealing with complex family law issues like divorce, child support, and spousal support. In California, there are several resources available to individuals with low income who require legal assistance. Legal aid organizations,... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Stepdaughters father sent me a written statement stating he would pay his daughters student loans. He is not. Can I Sue?

Stepdaughter is not and has not paid her student loans I co-signed. Her father sent me a statement saying he would pay her loans which I have. He has not paid anything. I haven’t spoken to stepdaughter in 10 years. No idea where she is and her father won’t tell me.

James L. Arrasmith
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answered on Mar 1, 2024

Under California law, the written statement from your stepdaughter's father, where he commits to paying the student loans, could potentially serve as a binding agreement, depending on its specific wording and the context in which it was made. If it clearly outlines his intention to take over... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can a Pro Per Petitioner Prepare and File a FOAH After a Custody Modification Hearing?

I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.

During previous three hearings... View More

James L. Arrasmith
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answered on Feb 27, 2024

Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What does it mean if my ex wife filed a 529 form while we have a child custody court case open?
James L. Arrasmith
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answered on Feb 22, 2024

If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:

• Form 529 is used in...
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