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.
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 »
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
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.
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
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.]
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 »
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 »
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 »
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.]
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 »
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 »
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
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.
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.
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 »
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 »
We have a living in a home for 10 years that both my spouse and I have paid and made payments on. However due to marital stress for the last couple of months he has been making the payments and has slowly taken me off the utilities account and other accounts. He has also called our creditors and... Read more »
answered on Jul 7, 2022
You should consult with an attorney rather than seeking response to all of these questions here on this website. With respect to the property - a house purchased during the marriage is community property. Doesn't matter who has been making the mortgage payments or whose name is on the... Read more »
After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another... Read more »
answered on Jun 30, 2022
You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial... Read more »
answered on Apr 11, 2022
In most countries, when you turn 18 you are considered an adult and can therefore make your own decisions. In the US, 17 year olds are still considered minors and therefore, unless you are able to get "emancipated" then you have to obey your family. Once you turn 18, you can apply for a... Read more »
My listings and my clients have been on hold also checks for me. I worked one month with a suspended license until a client complained and that’s how I found out.
answered on Mar 28, 2022
Please discuss this with the family law attorney. You might qualify for a set aside due to the lack of notice/
A family law litigant may be able to obtain a set-aside of a default and a default judgment for support based on a lack of notice of the action. However, a successful set-aside... Read more »
We are divorcing because my wife wants her parents to live with us in one house, of course, I do not agree. Therefore we are splitting so that she can live with them.
My question now is: I am I have to pay alimony if my spouse lives with her parents?
By the way, she makes slightly... Read more »
answered on Feb 22, 2022
There are numerous statutory factors that go into the decision as to whether spousal support should be paid, in what amount and for what duration. If she is able to support herself and maintain the lifestyle to which the parties became accustomed during the marriage based solely on her own income,... Read more »
I am the respondent in a family court case. I represent myself. 2 years have passed since the case was filed. It is now on the dismissal docket notice for March. Last week I recieved an email with a change of attorney motion from the plaintiff. They said they need me to sign off on it cuz... Read more »
answered on Jan 28, 2022
You do not need to consent to the other party's motion to be relieved as counsel. As to your question regarding a dismissal, you have not provided enough information. The court does not ask parties if they want their case to be dismissed. It doesn't work that way. If you do want your... Read more »
On August 2021 I Got served for Child Support. I then missed all the mail that was sent to my home because I Had Moved Out for a few months for personal reasons. So without being aware , its turns out they had sent mail for me to apear in court On Dec 22nd for the 1st hearing . I was completely... Read more »
answered on Jan 27, 2022
Please discuss your case with an attorney. A modification may be retroactive at most, however, to the date of service of the notice of motion or order to show cause. There are neither equitable nor statutory grounds to modify child support before the date of filing of the motion, and the court may... Read more »
There is a open separation in the courts. The mother believes that I am not allowed physical custody of my children. The reason for the separation has nothing to do with the children. It’s issues between me and her with trust on both sides. But I want to make sure that as the separation goes... Read more »
answered on Nov 16, 2021
Generally speaking, both parents have equal rights to custody of their children. Courts favor parenting plans that give the children frequent and continuing contact with both parents. The exception would be a situation in which being with one (or both) parents poses a threat to the health, safety... Read more »
CA Divorce
9 years, 3 months marriage
2 minor children: 14, daughter; 11, son
Husband earns $48,000
Wife earns $95,000
Proposed order on child support is $636 to wife/mother. Husband is requesting spousal support from wife. She's staying in the home (4... Read more »
answered on Nov 5, 2021
Support is generally calculated using the gross incomes of the parties, and the visitation percentage. Other deductions from health insurance, union dues, mandatory retirement, etc. are also inputted. Expenses of the parties are not considered. Spousal support, temporarily (before final judgment)... Read more »
Single, solo dad here, Los Angeles, with full physical/legal custody of my son for more than five years now. Shortly after the other parent lost all custody rights years ago, she filed a child support claim from a different county, and collected thousands of dollars, with the County of L.A. CSD... Read more »
answered on Sep 27, 2021
more info is needed.
i would retain a lawyer in your area to make a motion to add to the calendar and then move to remove it from your record with the proper evidence.
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