California Child Support Legal Questions

The inheritance is yours.  Any income attributable to that sum is income available for child support.  So, if you put it all in the bank and the bank paid you $1,000 a year in interest, then you would have $1,000 additional income and child support in California is based on your and your former spouse's incomes available for child support and the time share.... Read More

He is entitled to the money he inheritied.  Income for child support would include income he receives from the inherited money, like bank interest.  You should go the the office of the Department of Child Support Services in your county.  They assist in obtaining and collecting child support; state agency, no cost to you.... Read More

Your son is a 30 year old man who had sex with a woman who was of questionable stability.  I appreciate your desire to be supportive of your son but he needs to take responsibility.  If the child is born in VA (PA?) that state will have the sole jurisdiction to determine child custody and child support orders.  If she comes to California and has the baby here, a California court will have sole jurisdiction over these issues.  Guideline child support will be based on the laws of the state that has jurisdiction, and they may be different.  Factors such as income, tax deductions, and timeshare with the child will all impact the amount he has to pay.  I suggest that he consult with a family law attorney in person to discuss his options.  He may also want to contest paternity and each state again has differing laws about how long he has to do that. ... Read More

There should only be one child support order, and it is unclear whether this is an issue of the mother seeking enforcement from two agencies or truly obtaining two contrary orders.  The US has jurisdiction over the child, so Mexico shouldn't have issued a competing child support order there.  All that said, I would suggest that he meet with an attorney and go over his paperwork in person. This forum isn't going to be able to give him the reassurance he needs.... Read More

First consult the terms of your existing child support order.  The question isn't whether child support terminates by law but how to discontinue enforcement. Most child support orders provide for automatic termination upon the later happening of two dates: 1) the child turns 18, 2) graduates from high school, if 19 and still a full time high school student until graduation.  If so, then child support enforcement will automatically terminate.  ... Read More

Yes. Child support can always be modified, and in nearly every case the court will order guideline child support regardless of an intended 'cap' on child support in your settlement agreement. If this cap impacts your other property or spousal support agreements, you may consider meeting with an attorney to discuss those issues. ... Read More

The first thing to investigate is whether an order was entered, even if it wasn't enforced.  If there was an order in place for child support and he simply wasn't paying it, your mom is still entitled to the money.  If there wasn't ever an order, it is too late to pursue something now.  ... Read More

If, during mediation, you and the mom agreed to the estimated child support and the mediator sent the order to the judge for signing, then you could pay based on the amount agreed upon. However, if the mediator suggested an amount and there was no agreement or order signed by the judge, then you are not obligated to pay the support until you go to trial when you will get a court order signed by the judge. Remember, the custody/visitation order affects the support calculation. For this reason, a court order for custody/visitation is usually made with the support order.... Read More

You need to meet with a family law attorney in your area ASAP.  You have waited a long time to deal with this issue and some options may no longer be available to you.  You may have options not only for child and/or spousal support but also for setting aside this particular provision in the judgment due to breach of the fiduciary duty, non-disclosure, fraud, etc... based on the actual facts of your case. It will be impossible to determine that in this forum, so again, I really suggest you consult with an attorney.   Good luck to you. ... Read More

If your most recent order provides for a 30/70 timeshare, then you are free to return to that schedule without returning to court.  It will be incumbent upon your ex to file a request for order seeking implementation of the 50/50 schedule.  You will just need to give the other parent notice of your intention to return to the ordered schedule.   I assume he will in fact file a request for order seeking the 50/50 timeshare.  Once that occurs, you will need to respond by filing a responsive declaration in which you will provide the court with all of the reasons that you no longer feel that the 50/50 schedule is in the child's best interest, and request the orders you feel are best.  You will be required to attend mediation before the judge hears your case.  It will be important that you are firm in mediation on the orders you feel are best and to describe to the mediator all of your concerns.  You may ask the mediator to interview your child before making a recommendation since you believe your child will say that he prefers not to be with his father so much of the time. Do not coach or attempt to influence your son into making any specific requests to the mediator.  The best you can do is to tell him to be brave in sharing his feelings and to be honest.   Good luck to you.... Read More

I am assuming you are divorced and at the time of the divorce you were unaware that the child was not yours and that the child support order was initiated at this time? It seems that you should be able to file a Request for Order and request a DNA sample to determine fatherhood. There are a lot of variables here, so it would be best to consult with an experienced lawyer so this is done correctly.... Read More

No matter what your ex wife tells you, there is only one way to cancel or modify support, and that is in court.  YOU CANNOT RELY ON SUCH PROMISES, EVEN IF GENUINE AT THE TIME. THEY HAVE NO LEGAL EFFECT. If you have a DCSS support order, you need to go to DCSS in your county and explain the circumstances to a case worker.  If your wife agrees, you can make a written agreement signed by the court (a stipulation and order) through that agency to suspend or reduce support or modify arrears.  Otherwise, you need to file a motion.... Read More

Nothing will change your support order other than taking it to court and filing a motion to modify support while you are unemployed.  If you and your wife agreed, you need a formal document submitted to the judge to sign off on before it is of any legal effect.  You need a lawyer.  You can go to the Family Court Facilitator, who is a lawyer who serves without fee. Go to your local courthouse and get the advice you need to make the changes, and don't waot- until there is a change you are fully responsible for all ordered support even if your child lives with you 100% of the time.  There may be some offsets to support, called Jackson credits, but you need to move on this.... Read More

It sounds like your ex changed her work schedule. When she was working the night shift, she required a nanny as the children could not be left alone. However, now she is home at night. Due to this change in circumstance, it could be argued that she no longer requires a nanny to care for the children--even though she may want the nanny to clean house etc. You could file a Request for Order to change the amount of money being spent for 'child care'. The judge would make a decision as to the revised amount.... Read More