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California Child Support Legal Questions

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148 legal questions have been posted about child support by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
California Child Support Questions & Legal Answers - Page 5
Do you have any California Child Support questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 148 previously answered California Child Support questions.
Child Support
California

Recent Legal Answers

What does the judge look at to determine CS? Is it just the income or all of the circumstances in California?

Answered 12 years and 8 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Support
Child support is determined by an algebraic formula which takes into account your net (after tax) income, her net income, and time share- where the child(ren) spend thee time.  You'd best go to the county office of the Department of Child Support Services.  It is a state agency that can get you an order or, if he tried to modify it, represent the interests of the child(ren) that he is paying the appropriate amount of child support.  It costs you nothing.  That agency also enforces payment of child support, another benefit of opening a case with them.... Read More
Child support is determined by an algebraic formula which takes into account your net (after tax) income, her net income, and time share- where the... Read More

Can my child support be if my ex is now paying child support for his other 3 kids

Answered 12 years and 10 months ago by Richard Melone Bryan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
"The answer to this question depends on a calculation of guideline support using current incomes of both parties. You need to consult with an attorney to do a guideline calculation. "
"The answer to this question depends on a calculation of guideline support using current incomes of both parties. You need to consult with an... Read More

Change of child maintenance payments

Answered 12 years and 11 months ago by Bahram Madaen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Dear User, It is unclear for me as to where you filed and finalized your divorce case. If you file in Singapore than, you should prepare to file a modification based on your income. Since I am practicing in California, I cannot give you advice in the foreign forums. Thank you very much.
Dear User, It is unclear for me as to where you filed and finalized your divorce case. If you file in Singapore than, you should prepare to file a... Read More

child support

Answered 12 years and 11 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
You could be ordered to pay.  Are you in agreement with your ex leaving the country with the children?  Your ex would need a court order to leave the country if you are not in agreement.
You could be ordered to pay.  Are you in agreement with your ex leaving the country with the children?  Your ex would need a court order to... Read More

stopping support

Answered 12 years and 11 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
If you filed for child support at Child Support services, you could go there and request the child support not be pursued.  If you are on public assistance then child support cannot be dropped.  If the order was filed in the family court then a Stipulation & Order would need to be filed with the court to stop the existing order.... Read More
If you filed for child support at Child Support services, you could go there and request the child support not be pursued.  If you are on public... Read More

Is there a time frame on going after a parent for child support?

Answered 12 years and 11 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Child support can be requested when the child is under 18 years (and has not passed high school).  The support is not retroactive i.e. it starts from the date of the child support award.
Child support can be requested when the child is under 18 years (and has not passed high school).  The support is not retroactive i.e. it starts... Read More

Child Support

Answered 12 years and 11 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Can you get a voluntary blood test to determine parentage?  If you can, then do that.  If you cannot get this voluntarily, then you can file for divorce and state that there are no children. It would be likely that the mom will respond and state that there are children and at that time you could ask the court to order a blood test.... Read More
Can you get a voluntary blood test to determine parentage?  If you can, then do that.  If you cannot get this voluntarily, then you can... Read More

How do I go about handing over my rights to a child I haven't seen in 6 yes

Answered 12 years and 11 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
It's unfortunate that you missed the hearing.  Most CA courts have 'court call' which you could have used instead of traveling to the court. At this point you would need to file a Request for Order to address custody and visitation and that would have to be in the county and state in which the mom and child reside.  This could also be filed in the Child Support Services office to address a more reasonable child support payment.... Read More
It's unfortunate that you missed the hearing.  Most CA courts have 'court call' which you could have used instead of traveling to the court. At... Read More

Can i sign over birth rights of an unborn baby in the state of California?

Answered 12 years and 11 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
There is no such thing as 'giving up birth rights'.  The biological mother can file for child support from you if she wishes.  If you dispute that you are the father, the courts can request a DNA test.  If the mother marries and her spouse wish to file a step-parent adoption, then you would be served and at that time could consent to give up your rights to the child.  In short, you cannot give up your responsibilities for a child unless that child is adopted as in the scenario stated or the mother decides to put the child up for adoption and you approve.... Read More
There is no such thing as 'giving up birth rights'.  The biological mother can file for child support from you if she wishes.  If you... Read More

Is it valid evidence and is it relevant to child support hearing?

Answered 13 years ago by Bahram Madaen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
In my opinion, you should: First contact that website, and asked them to delete your picture, ( get a confirmation)  Get an attorney to represent you, Try to file a criminal complaint against him with police, ( I believe it is illegal use of someone picture) (also get some sort of document) Go to hearing for child custody and explain it to the judge, with all the relevant evidence(the above documents). Usually your profession is not a concern for the judge, but if you had income at the time, you could have trouble with welfare, and also the judge for lying about your income.... Read More
In my opinion, you should: First contact that website, and asked them to delete your picture, ( get a confirmation)  Get an attorney to... Read More

If I was never served the final judgement papers in our case, do they count?

Answered 13 years ago by Bahram Madaen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
 The judgment is already official since the judge has signed it, but you can go back to court and asked the judge to change the judgment because: 1) you were not served, and 2) that part of the judgment is different from what you had agreed on. However, you better talk to him and try to find a solution.... Read More
 The judgment is already official since the judge has signed it, but you can go back to court and asked the judge to change the judgment... Read More

Need to get divorce and child custdoy and support . Dad US citizin i am too but i live in Mexico. Married i CA. He now lives in Florida. How ??

Answered 13 years ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
You would need to file for divorce and child custody & support in the country in which you live i.e. Mexico.  You would not be able to file in CA because you do not live here.  We would suggest that you speak with an attorney where you live and he/she would suggest your best options.... Read More
You would need to file for divorce and child custody & support in the country in which you live i.e. Mexico.  You would not be able to file... Read More

Is an inheritance considered income for child support purposes?

Answered 13 years ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Only the income from an inheritance is considered income available for support.  If the money was not invested, a court could impute a return as if it were invested.  For example, if someone inherited $1,000,000, a court could, based on expert option ( a CPA), find that it should earn say, 3% a hear = $30,000 in income available for child support.... Read More
Only the income from an inheritance is considered income available for support.  If the money was not invested, a court could impute a return as... Read More

How to go to court against my father for not paying child support?

Answered 13 years ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
You have no right to sue your father for child support if it is a California order. Your mother has that right- not you, and even if she has not persued it before, she could now.
You have no right to sue your father for child support if it is a California order. Your mother has that right- not you, and even if she has not... Read More

Can i be forced to take a paternity test after 9 years?

Answered 13 years ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
In CA, the short answer is yes.  However, if the other father has been declared the father of the child legally, you may be able to fight the paternity test.   If there's no court order stating that the other man is the father, then you would respond when served and take the paternity test if requested. If the child is yours then there would be child support.... Read More
In CA, the short answer is yes.  However, if the other father has been declared the father of the child legally, you may be able to fight the... Read More

If I am having my paycheck garnished for my full amount of child support and an additional court set amount for arrears too, can they garnish bank too

Answered 13 years ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
There's a limit as to what percentage can be garnished from your pay check.  
There's a limit as to what percentage can be garnished from your pay check.  

How to go to court against my father for not paying child support?

Answered 13 years ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
In CA only the spouse (your mom) can go after child supports arrearages.  
In CA only the spouse (your mom) can go after child supports arrearages.  

How much time does a parent have to submit receipts for child care reimbursments?

Answered 13 years ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
You want to look at Family Code §4063- which you can Google, and which specifies all the particulars about how this process works.  In short:  you are required to send a copy of the bill within 30 days of the occurrence of the medical expense (not 30 days after you receive the bill).  The other parent is to reimburse you within 30 days of that.  ... Read More
You want to look at Family Code §4063- which you can Google, and which specifies all the particulars about how this process works.  In... Read More

child support

Answered 13 years ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Child support in California is based on your net income, her net income, and the time share- how much you each spend with your child(ren).  Generally:  That she has remarried does not affect this equation.
Child support in California is based on your net income, her net income, and the time share- how much you each spend with your child(ren).... Read More

My wife does not live in this country how do i get chils support?

Answered 13 years and 2 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
That means that you would be able to pursue support through the U.S.  But they relatively very few and Costa Rica doesn't appeat to be one of them.  Here is a link to a U.S. site which handles such matters. http://www.acf.hhs.gov/programs/css/international You will have to get a Costa Rican attorney to pursue support in Costa Rica.    ... Read More
That means that you would be able to pursue support through the U.S.  But they relatively very few and Costa Rica doesn't appeat to be one of... Read More

How can i file for child support against my father if I am 25?

Answered 13 years and 2 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
You have no right to do that.  Child support is determined by a statuory algebraic formula which considers the parents' net incomes and how much time each spend with a child.  You are not a parent, so not entitled.  Under only limited circumstances is child support awarded after a child reaches majority and graduated from school- say 19 years old.  Parents of an incapacitated child have an equal duty to provide for an adult child.  Family Code § 3910.... Read More
You have no right to do that.  Child support is determined by a statuory algebraic formula which considers the parents' net incomes and how much... Read More

Child Support Lien

Answered 13 years and 3 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Go back to the lawyer who handled your divorce and put that problem to him/her.
Go back to the lawyer who handled your divorce and put that problem to him/her.

Is it ok for spouse to remove the other in medical Insurance during open enrollment knowing they will soon file for divorce and not mentioning it o

Answered 13 years and 4 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
I'd tell her she had better find a way to reinstate coverage before she files for divorce or that will be a divorce issue and an absolute obstacle to an uncontested divorce.  She had a fiduciary duty to you, an obligation to treat you ti the highest level of trust regarding financial matters (as you do to her), and what she had done, arguably, breaches that duty.... Read More
I'd tell her she had better find a way to reinstate coverage before she files for divorce or that will be a divorce issue and an absolute obstacle to... Read More

How can my son file for visitation and pay for child support through the courtd in CA because he lives in MD and the other party lives in CA?

Answered 13 years and 4 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Yes.  He should file a motion to establish paternity if one has not been filed and they are not married, and to establish custody and visitation and child support.  If he can't afford an attorney, he can contact the Family Court Facilitator at the courthouse in the county where the mother resides.  ... Read More
Yes.  He should file a motion to establish paternity if one has not been filed and they are not married, and to establish custody and visitation... Read More

If my father who's an actor that has not paid child support but kept me on his health insurance until I was 21 owe back pay to me?

Answered 13 years and 4 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
If there was an order for child support, your mother - not you- can sue him to recover child support arrears.
If there was an order for child support, your mother - not you- can sue him to recover child support arrears.
Child Support
California

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