My husband has two children with his ex, we have had both of them for the past five years, until recently when the 14 year old decided she wanted to live with her mom. She went as far as calling CPS and gave them false allegations of "Mental" abuse, from me, the step-mother. CPS came out, it was investigated, we sent her to stay with his mother, not where she wanted to go. His mother unexpectedly passed away, his daughter had his ex take him to court. He was granted both children in the custody hearing, due to the fact that his ex had just recently been charged with felony child neglect on one of her other 2 children (That she doesn't have) it was decided that the lies, and false allegations would continue to come from his daughter; so as much as it hurt him, he told the judge that he would allow for her to stay with her mother, as long as she could care for her, get her counseling, and had visitation, while we kept the other child. The judge granted it. My husband was just served child support papers, for the mother got his daughter on Welfare. The daughter refuses to come visit us. Should he have to pay child support, when the deal was for her to be able to support her?
In the State of California, with respect to family law, child support cannot be waived.
In addition, regarding California child support factors, please see and read the following link: www.courts.ca.gov/partners/documents/mainfactorscalcchildsupport.doc
DCSS can request an order for child support. You cannot make an enforceable agreement to waive child support. Make sure that the request for child support includes both children. So, if there are 2 children and each parent has 100% custody of one, the percentage visitation is 50% for 2 children. Ask the court to impute the mother with the ability to earn at least minimum wage. If the support calculation uses her income at $0, including the second child can increase his support amount even when she does not have any visitation when he has a large income. Courts will almost never make such an order.
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