Legal Question in Family Law in California

CHILD support rights for men

What are men's right towards child support i have to kids my wife and i have been divorced for about 1 1/2yrs now she filed for child support and got it for both kids...but now i have my kids with me full time now since it didnt work out living with there mom since i have them both living with me how do i stop the child support and try getting child support from her?? also come to find out she never finished are divorce papers i went down to the courts and they stated are divorce papers never were complet she had an error on one of them and the paper work never got sent all the way through which means we are still legally married i dont know what to do??? and how is it she just got remarried to someone about 2 months ago??? any info will be help full


Asked on 5/02/02, 5:24 am

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: CHILD support rights for men

You should file with the court to modify the child custody--check the file first to see whether the divorce is final or still ongoing, as this will make a difference how you file your custody/support modification.

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Answered on 5/07/02, 7:42 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: CHILD support rights for men

Child support orders must be changed by an order of the court. You must file a motion to have support changed.

Ask the court clerk about a free assistance available to you through a family law clinic. Such a clinic can help you prepare the proper papers to modify support and complete the divorce process.

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Answered on 5/03/02, 1:17 pm
Bruce Moss

Re: CHILD support rights for men

Regardless of the agreed upon custody situation, if the judgment requires that you pay child support you are required to pay it. Due to the change in the custody arrangment, it would be best if you filed a Motion or Order to Show Cause for Modification of custody, visitation and child support. This is the only legal way to terminate the support.

In regards to this issue of whether you are in fact divorced, you would have to get the court file and check to see if a judgment was entered and what date it shows for the termination of the marital status. If a judgment has not been entered, then there is no divorce. This would also effect the issue of child support, etc.

First check the court file and then go from there. Good luck.

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Answered on 5/02/02, 1:08 pm


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