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In requesting Child support, do I have to go to court?

Los Angeles, CA |

If I know he is represented, should I also obtain a family law attorney to help me obtain support? How is support calculated in the state of California?

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Attorney answers 3

Posted

If you have filed an Order to Show Cause, and you are requesting support, you need to appear in Court. If you do not appear, your Order to Show Cause will be denied.
Child support is based on your income, his income, and the amount of time spent with the child. There are a number of other factors that the Court considers.
Look up Child support Calculators online, and toy with the programs to get a ballpark idea of how much money is due/owed.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

Asker

Posted

Thank you Nadine Jett. I appreciate your response.

Asker

Posted

Thank you Tobie Waxman. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers (prove of wages) and supervised visit hours speak for themselves?

Asker

Posted

Thank you Tobie Waxman. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers (prove of wages) and supervised visit hours speak for themselves?

Nadine Marie Jett

Nadine Marie Jett

Posted

You will have the assistance of an attorney with Child Support Services, so it is not as though you will be totally alone. However, you can hire private counsel, and then your attorney will make all arguments. Child Support Services usually does a good job. If he is a wage earner, and visitation hours are pursuant to Court order, it would appear to be relatively simple, and Child Support Services should be adequate.

Asker

Posted

Thank you very much. I attempted to get on but it asks for my address and employer information which is discouraging to apply due to the restraining order. If he finds me, applying for support- our child's safety is worth no sum of money. Is there anyway I can apply without disclosing this information?

Hillary Johns

Hillary Johns

Posted

Ms. Jett is right. Child Support Services is certainly adequate although it's always helpful to have a private attorney at Ms. Waxman suggested.

Posted

It is highly recommended that you have an attorney represent you in any family law matter, especially if your spouse is represented and especially when minor children are involved.

The Superior Court's web-site has a child support calculator here: http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx It will give you an idea of what the numbers will look like and of what factors are used in the calculation.

Tobie Brina Waxman

Tobie Brina Waxman

Posted

Sorry, I didn't mean to type that this calculator was located on the Superior Court's web-site. It's instead on the CA Department of Child Support Services web page.

Asker

Posted

Thank you Tobie. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers and supervised visit hours speak for themselves?

Asker

Posted

Thank you Tobie. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers and supervised visit hours speak for themselves?

Asker

Posted

Thank you Tobie Waxman. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers (prove of wages) and supervised visit hours speak for themselves?

Asker

Posted

Thank you Tobie Waxman. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers (prove of wages) and supervised visit hours speak for themselves?

Asker

Posted

Thank you Tobie Waxman. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers (prove of wages) and supervised visit hours speak for themselves?

Asker

Posted

Thank you Tobie Waxman. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers (prove of wages) and supervised visit hours speak for themselves?

Asker

Posted

Thank you Tobie Waxman. I do have an attorney in an alternate matter still family law but my attorney stated their office will not assist me in this matter because the CSS will be able to calculate the figures for me. I'm wondering if it is possible to obtain an alternate attorney for my child support matter. Will he be able to object to paying or fight it or do the numbers (prove of wages) and supervised visit hours speak for themselves?

Tobie Brina Waxman

Tobie Brina Waxman

Posted

He cannot fight "Guideline Support". It is what it is, based on proof of income (either paystubs or tax returns) and custody. What is the "alternate" family law matter? If it's a dissolution, I don't see why your attorney can't handle your support issue. Is there an open CSSD case? Maybe that's what he meant.

Asker

Posted

We currently have a TRO in which has been pushed out until almost the end of the year due to a continuance at his request. Is there such thing as "back pay"? He had chosen not to help or see our child in over a year. He has been granted a few hours of supervised visits. Although, he has chosen not to take advantage of his full time granted.

Asker

Posted

A few hours per week.**

Tobie Brina Waxman

Tobie Brina Waxman

Posted

If you do not already have a support order, there is no entitlement to back pay. Once you have the support order, it will be retroactive to the date your served and filed your motion (Order to Show Cause) for support.

Posted

It is always a good idea to have an attorney represent you in court. If he has an attorney, you may be able to ask that he pay some of your attorney's fees. Therefore, there is no reason why you shouldn't consult with a family law attorney.

With regard to your question about how child support is calculated, I've included a link to an article I wrote which answers this exact question. Hope it helps. Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.