California Child Support Legal Questions

Child support can change as the child gets older and other issues come into play.  There are many reasons to request a change to an existing order--some of them are a change in salary or work arrangement or a change in obligations such as extra-curricular activities.  There may be other reasons.  A change in child support usually requires the filing of a Request for Order in the family court. It would be wise to speak with an experienced family law attorney who can run a 'dissomaster' (software program to determine child support) based on your current needs.... Read More

If it is the Deoartnent if child Support Services, you can expect that agency has wide enforcement powers.  You can contact the Department and ask to know the authority for taking such actions and whether you can file for an exemption from it.  If is is by a private attorney, you need one or you need to see the Family Law Facilitator at your local courthouse for advice, which is both from a lawyer and free to you.... Read More

  If the order is being enforced by the Department of Child Support Services, they can help you file a motion to modify child support.  If I get it right, you have one child together, and you have legal custody of 4 and that factor needs to be part of the equation in determining the amount of child support you need to pay.  In California, income is but one factor; a very significant factor in the equation to determine child support is time share.  If you have limited time with that child, your child support number is going to be high, likely higher than you'd think it should be.   There are attorneys who work for reduced fees; probably a better term to use.  Call the bar association in San Diego.  They may have a Lawyer Referral program that could put you in touch with such an attorney.  Often such attorneys are not as experienced as others.... Read More

You need to act right away.  Go to the Department of Child Support Services office in your county and speak to a case worker about what you have written me.  That means you need to take all the paperwork you have received from New York and Connecticut.  You also will want to take documentation of your SSI claim and of payments you receive under SSI- that is, document that you are getting SSI and document the amount you receive.... Read More

Income available for child support includes all income, any source.  You could check wit the Department of Child Support Services----you are not going to find the answer in the Federal statute.  Family Code §4058 defines annual gross income as "income from whatever source derives" other than income specified in that statute as not included, such as public assistance.... Read More

You'll want to go to the Family Court Facilitator at your county courthouse if you are self-represented, as that is a free service with an attorney to advise you how to go forward.   There is no "legal separation" in California as a step towards divorce.  You can file for divorce or you can file for a judgment of legal separation. If you file for a legal separation, it is fully like a divorce except that the status of the marriage stays intact--- in other words, you are still married when the judgment is made. If you do file, you will want to go to the Department of Child Support Services in your county- they can help you with both setting support and collecting support.... Read More

You new wife is not obligated to pay your child support.  When you have a change in circumstance such as a loss of a job, you would need to file a Request for Order to lower your child support payment. This new order would take into account the income of your ex as well as your own lack of income (you may get unemployment insurance which would be calculated as income) and a new child support order would go into effect.... Read More

She can request child support by going to the Department of Child Support Services.  This would only be a child support case and would not address custody or visitation.  If she files this and you are served, you can request a DNA test to determine if you are the father. She could also request child support by going to the family court and filing a Petition to Establish Parental Relations which would address custody, visitation and support for the child.  If you think that the child may not be yours, you could also request a DNA test which would be ordered by the court. It would be best to try to find the mom's address.  With her address, you can file the above mentioned petition.  However, if you do not know where she is, you would not be able to serve her and could not go forward with your case. If she files, you will need to respond to any papers that are received, either from Department of Child Support Services or the family court.... Read More

It sounds like you need a Request for Order which will address the changes that you would like to see in your support order.  Always remember that when there is a change in circumstance (he is earning more money) you can go back to court and request more child support. You can also address the drive time issue with the Request for Order as well, as this may require a change to the visitation schedule.... Read More

It sounds like you will need a Request for Order to quash service if you were not properly served.  If this is not possible then you would file a Request for Order for a payment plan on the arrears.  You could also try to request a DNA test and see if the department would allow it based on the age of the child.... Read More

If you have an existing child support order from the court and he does not pay it you have several options depending on your situation.  If you filed with child support services, then it is their responsibility to enforce the child support payments.  If you filed for child support with the family court then you can file a 'contempt order' for failure to follow the court order, or you can execute a collection order by doing a wage assignment etc. If you do not have any court orders and are not married to the father then you would need to file a paternity action (petition to establish parental relationship) which will address custody, visitation and support for your son.... Read More

You are responsible if a child support order was filed either in the family court or with child support services.  In either case, you would have been served with papers if your address was known.  It is likely that the mom never filed anything & if this is the case, you would not be responsible for back child support. ... Read More

Were (or are) you married to the other parent? Where does the child reside now?  If you are not married then you need to file a paternity action (petition to establish parental relations) to address custody, visitation and support for the child. If you are married, you could file for divorce or legal separation and then file a Request for Order to address custody & visitation while the divorce or legal separation is in progress. This is a general answer as you would need to provide more information with regard to the custody of your child.... Read More

If you have a court order that it be removed and the other party has not done so after a reasonable period of time, say 30 days, then you would have to file a motion and take the other party back to court.  The motion you would file would be to enforce the order.  If you file it, maybe the other party will get the message and do it.... Read More

You understand the law pretty well, so you'd understand that if your daughter is living with her mother at her grandmother's house your obligation to pay child support remains.  It is not vitiated because the mother lives there, but you would ask that the court put a value on the mother having free rent, and that amount would be imputed to her as tax-free income and as it increases her income it will reduce the amount of child support you pay.... Read More

Do you have existing court orders for child custody & support?  Do you have 50/50 physical custody and is that part of the order?  Child support is calculated based on a number of factors, the majority of which are: income of both parties & percentage of time with the child.  There may be other factors depending on your specific situation. If you have been served with a Request for Order, you will need to respond to it.  In court you will need to substantiate your income as well as time spent with the child. Always remember, if your existing court order no longer reflects what is currently happening, you need to alert the court of the change by filing a Request for Order.... Read More

You could try to file a Request for Order to erase all back child support based on what you have stated and any proof you may have.  However, if your ex refutes your allegations, the court may not believe you. Any time there is a change to an existing court order, you must file a Request for Order to change it. You did not do this and relied on a verbal agreement.  This is never a good idea.... Read More

If your child support is owed to Child Support Services, then you need to call them or go there and pay it off.  They should give you proof that the amount is fully paid.  If you owe back child support to the other parent (not to the child support office) then you would pay the other parent back and have proof of payment.... Read More

Child support is paid until the child turns 18 years and completes high school.  If you have a child support order from Child Support Services, you have to file a Request for Order to terminate it.  If you have back child support arrears, you will need to make a payment plan for it or pay it off.... Read More