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California Child Support Questions & Answers
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 »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I am trying to figure out if moving out of my home with my kids is the next step for me.

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 »

Tobie Brina Waxman
Tobie Brina Waxman
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 »

2 Answers | Asked in Divorce, Family Law and Child Support for California on
Q: Is there a lawyer that can help fix this ?

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 »

Tobie Brina Waxman
Tobie Brina Waxman
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 »

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1 Answer | Asked in Family Law, Immigration Law, Child Support and Juvenile Law for California on
Q: im 17 years old and my mom forcing me to go back to my country. When i turn 18 can i come back to US?
David Stephen Kestenbaum
David Stephen Kestenbaum
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 »

1 Answer | Asked in Child Support for California on
Q: I’m a Realtor in California and my license was suspended two months ago due to an error from child support.

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.

Eliza Jasinska
Eliza Jasinska
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...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am I have to pay alimony if my spouse lives with her parents?

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 »

Tobie Brina Waxman
Tobie Brina Waxman
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 »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for California on
Q: Recieved a change of counsel motion from the mothers attorney. Also received dismissal docket notice. Do I ignore it?

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 »

Tobie Brina Waxman
Tobie Brina Waxman
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 »

1 Answer | Asked in Child Support for California on
Q: Can I File A Motion For Modification On My Child Support Order without a Lawyer?

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 »

Eliza Jasinska
Eliza Jasinska
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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I need to know what my rights are as a father who is going through a separation as to custody of my children.

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 »

Tobie Brina Waxman
Tobie Brina Waxman
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 »

1 Answer | Asked in Family Law and Child Support for California on
Q: Can husband be awarded spousal support from wife, if he's paying child support to wife?

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 »

Stephen Peter Anderson
Stephen Peter Anderson
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 »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for California on
Q: Noncustodial party convicted of fraud in support claim. Can custodial party have case info sealed?

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 »

Dale S. Gribow
Dale S. Gribow
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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