California Child Support Legal Questions

You need to file a motion to modify support.  Nothing short of a court order modifying child support will change the order.  It being obvious that you are out of work and don't have the money will not excuse payment on the order you now have.  Once you file a motion, it is retroactive to the date you file it even if the hearing is off for some weeks.  You should see the Family Court Facilitator at the courthouse.  Lawyer, no fee, who can advise you how to go about it.  Good think you wrote as if you had not, you would not know what you now know that can help you.... Read More

Family Code 3901(a) provides that support continues for a "child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first."  This means that if your child is not considered a full-time high school student, and is not residing with the other parent, you should no longer be obligated to pay the other parent child support. However, if the charter school considers one day a week of attendance coupled with other educational work during the week as "full time", then you will likely be required to continue paying guideline support. ... Read More

It is unclear whether you are seeking to be reimbursed for what you believe is an overpayment of child support, or whether you are owed back child support for a son who is now an adult.  If you provide further information I may be able to assist you.  In the meantime, you should consider meeting with a family law attorney in your area.... Read More

You will need to first file a Paternity Action (not a paternity test) to establish you as the father and address custody, visitation and support for the child. The actual petition is called 'petition to establish parental relationship'. The fact that you are on the birth certificate does not mean that you are legally the father as you must file this petition in the Family Court to establish this. Once filed, the mom would need to be served.  In court, you will either agree on a visitation schedule or the judge will make a determination. Custody & support will also be addressed.... Read More

When you are not married and have a child you need to file a Petition to Establish Parental Relationship which would establish the father and address custody, visitation and support for the child.  This is done in the Family Court.  You would then file a Request for Order to address the issues quickly so as to determine the father.  In this case, you would choose one father and go through the process.  Once served, he may say he is not the father.  Either person can request that the court order a DNA test to prove fatherhood. Alternatively, you could also file in Child Support Services if only child support is wanted.  As above, you would choose one father. This is a free service but may take a year or more to be addressed.  In this instance, the father chosen may state that he is not the father and request a DNA test for proof.... Read More

When you give birth, the hospital will ask who the father is.  At that point you would tell them the dad's name.  When you're ready, you can go to Child Support Services to request child support. There is no such thing as 'giving up rights' to a child.  If you were to marry, your spouse could file for a Step-parent Adoption and if the dad agrees, he would then be giving up his rights.... Read More

You would have had to request it when you first requested child support.  The points you make, however, should be made to the court in any hearing, so the judge knows the facts about support and your inability to find the other parent.  Get a private attorney, or if you can't, see the Family Court Facilitator who is an attorney and you pay no fees, at your county courthouse.... Read More

With child support cases, unfortunately there isn't any room for legal argument. The courts use a mathematical equation in order to determine which parent pays child support and how much. If you improperly filled out the forms demonstrating your income and expenses, then you may have a claim to request a modification of that previous order. Otherwise, I'm afraid there isn't any other recourse you have.  If you would like to discuss your case in more detail, I would be more than happy to offer a free consultation.... Read More

Once the child is born, there is an obligation for child support.  Go to the Department of Child Support Services in your county to open a case.  Take a copy of the child's birth certificate, contact information for the other parent. There is no fee; the Department represents the interests of your child.... Read More

If the Department of Child Support Services (DCSS) is involved in your case, you'd best make a visit to that office in your county and ask them how best to proceed.  Your obligation to pay child support automatically terminates when the child turns 18 if graduated or it can continue to 19 depending again on graduation from high school.  If not a DCSS mater, then go to the Family Court Facilitator in your county courthouse; an attorney and you pay no fee.   That person can advise you how to accomplish what you want to do.... Read More

no, no, no.  You will then need to prove up every payment to DCSS but more important, you need to make the payments so they are credited to you as payments.  All payments directly to mother do not show up at DCSS.  You need to pay directly to DCSS.  You can get the information online.  You should take proof of the payments you have made to the DCSS office in your County so that you can get credit for them.  No other alternative is safe for you.... Read More

In general, an original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. See Family Code § 4009. The statute cannot reasonably be read to permit courts to make a support order retroactive to a date prior to the filing of the notice of motion or order to show cause. Therefore, I recommend either you or the mother file papers for child support immediately to ensure the children are receiving support as soon as possible. I hope this has answered your question. If you would like to discuss this further, feel free to contact me at your earliest convenience. ... Read More

It sounds like a child support order is currently with the Child Support Services office.  If it is, it is their job to collect the support and institute penalties such as removing the driver's license when payment is not paid. Unfortunately, there is nothing more that you can do to collect child support.  If he does work at some point, he will need to pay the child support arrears that have built up.... Read More