California Child Support Legal Questions

She should go to the Department of Child Support Services in her county.  There are plenty of obstacles and we would need to have a treaty with South Korea to collect and find where he lives, but ultimately, if he returns to the US it can be enforced here with interest at 10%- but she needs an order in place to do that.... Read More

If your mother got an order for child support that order is still enforceable.  Your mother is the one who can enforce it, not you.  She needs to go to the Department of Child Support Services in your county to find out if that agency can help.  There are no fees.  If there is an enforceable order, they have many tools to do just that.... Read More

Child support under the Statewide Uniform Guidelines is to cover the expenses incurred by each parent when the child is living with that parent.  The addition expenses that are provided for are: one-half of child care related to work or necessary education or training for employment skills, costs related to education or special needs of the child, and reasonable uninsured medical expenses.  You can Google Family Code §4062. If you have an order regarding the sharing of expenses for the child's extracurricular expenses, those would need to be shared as set forth in the order.   No other expenses are shared- that's what child support is for.  ... Read More

Child support under the Statewide Uniform Guidelines is based on your net income, his net income, and time share.  Actual time share normally trumps a custody order that provides for a different time share.  Income can be imputed or assigned to someone who does not work, based on capacity to earn.  Your husband should go to the Department of Child Support Services in your county and have that agency assist him.  When he goes there to open a case, he needs to take the current orders as to custody, support, if any, with him.... Read More

Go the the office of the Department of Child Support Services in your county with a copy of the support order and ask that they file a motion to enforce the order and the payment of arrears and modify the order to reflect actual visitation.  No fees- their job is to do what is here indicated.... Read More

Assuming you are able to prove his parentage or he acknowledges the child, you would be able to get child support.  Your best option is to go to the Department of Child Support Services in your county, a government agency, and ask that it represent your child's interests, hence child support.  There is a formula to determine support with variables, no way to just indicate it without quite a bit of information- they know how to do that.... Read More

You need legal advice, not merely this response.  If you can hire a family law lawyer, do that- if not, see the Family Court Facilitator at your local court house, who can best advise you as to how to go further.  Verbal agreements are worth the paper they are not written on- you can't rely on them.... Read More

If your son wants to live with you, file a motion asking to modify custody and visitation and a modification of child support.  Child support, you know, is a function of your net income, hers, and time share- where your son spends his time.  Kid' wishes are taken into account in determining custody, so you will ask the mediator at Family Court Services- the mediation process happens when you file your motion- to meet with your son to get his input.  As to taking him out of state- usually that is a restriction only during, not after, the divorce, but your judgment would control on that and taking him out of the country.  I would bring it up in your motion, ask that his passport be held by you.... Read More

He is required to put the income resources he has in his income and expense declaration; if he doesn't, and you have evidence to prove otherwise, then you need to point it out to the court.  Don't agree to what he is paying you if you think it is not correct.   I am unable to tell from your question whether there was an order for those amounts or you two agreed, but either way, if it ain't so, then don't commit to it.... Read More

It's not where you are but whether you pay.  He would do best to inform the Department of Child Support Services DCSS), if i is collecting support, that he is moving and whether he has a  job and that information.  DCSS can collect even if it is out of state.  This should not concern him.  Whether or not  the DCSS is not involved, as long as he pays support, that really is what counts.... Read More

Generally, if an employer is properly served with a wage garnishment and the employee still works there as an employee, you can file an Order to Show Cause against the Employer and they can be held liable for the amount of support they failed to withhold. This response is general in nature and should not be considered legal advice.... Read More