Category Archives: child support modification
A New Case Allows Some Fathers to Challenge Paternity and Child Support Even If They Signed a Voluntary Declaration of Paternity
To challenge a California Voluntary Declaration of Paternity (VDOP), the putative father may need to file a court request (Form FL-280) to cancel it, which involves getting a court hearing date, notifying the other parent, and potentially requesting genetic testing, with strict deadlines and grounds like fraud or coercion, especially if more than 60 days… Read More »
WILL THE COURT CONSIDER ORDERING A DECREASE IN PARENT’S CUSTODY TIME FOR FAILURE TO PAY CHILD SUPPORT?
The Court will not order a decrease in custody time as a sanction for failing to pay child support. But, the Court can and does put the hurt on the parent that fails to pay child support in other ways. The Court can order monetary sanctions, and in conjunction with the State and County Government… Read More »
Understanding Imputed Income in California Child Support Calculations: A Practical Guide for Parents
Understanding Imputed Income in California Child Support Calculations A Practical Guide for Parents Introduction Calculating child support in California is designed to ensure children receive adequate financial support from both parents. The process relies on accurate disclosure of each parent’s income. However, what happens when a parent fails to disclose, minimizes, or reduces their income… Read More »
What is a Memorandum of Points and Authorities? Do I Need One in My Child Custody Paperwork?
Question: Do I Need to File a Memorandum of Points and Authorities in Addition to My Responsive Declaration Opposing My Ex’s Request for Child Custody Orders? His lawyer included a memorandum of points and authorities in support of my ex’s request for child custody and visitation/parenting time schedule orders. Answer: You don’t need a memo… Read More »
What to Do If You Receive Paper Work Asking You to Pay Child Support
Don’t Ignore Papers from a Child Support Agency Received a Notice from Child Support Agency? If you have received a Summons and Complaint from a county department of child support services in the mail, you have 30 days from when you received it to complete the Answer form included in the packet and file it… Read More »
Does child support increase when you get married because of your spouse’s income?
QUESTION: I plan to marry at the end of the year and my partner is paying child support from California. Is their child support going to go up because of my income or is that not taken into consideration? ANSWER: New spouse income is NOT used to calculate child support-but tax filing status is. This… Read More »
My Ex Moved Out of California Can Our Child Support Order Be Changed By the Court In the New State?
Question: My Ex Moved Out of California Can Our Temporary Support Order Be Changed By the Court In the New State? Here in California a temporary order concerning child support, spousal support and custody was issued by the court. The order included an Ostler-Smith bonus order. My ex has since moved out of state with… Read More »
Dividing Children’s Health Costs Not Covered by Insurance: A Neglected Child Support Component of California Divorce and Paternity Cases
In every order for child support the court includes orders addressing health costs for the parties’ children which are not covered by insurance. Many parents forget about this important issue. The default order* of the court is that each parent is responsible for one half of these costs. Examples are co-pays for healthcare visits, blood… Read More »
Learn How the Parents Can Work together to End Court Ordered Child Support in California
I am often asked questions similar to the following. Question: How can the custodial parent and I close our child support order? My children’s mother and I have come to an agreement regarding child support and visitation. She will be going to the DCSS (the child support dept). to stop its involvement, but it is… Read More »
Learn How to Modify Child Support Orders
Question: My son, age 18, moved out of my ex’s, the custodial parents, home and lives with me, the non-custodial parent, who pays child support, can child support get terminated? My son is still in high school* but has decided he won’t stay at his mom’s house, she’s the Custodial Parent and receives child support… Read More »