Legal Question in Family Law in California

Re: Child Support

Dear Inquirer:

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is executed by the attorney and client. This

communication contains general information only.

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communication nor legal advice. There likely are

deadlines and time-limits associated with your

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choice for legal advice specific to your personal

situation, at once.

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et cetera) and my office (location, hours, fees,

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NOW, IN RESPONSE TO YOUR INQUIRY --

Mr. Fernandez' response is right on point. The DA

will get a Child Support order and you will be required

to pay that amount. Basically, the money you pay goes

first to reimburse AFDC and then what's left goes to your child.

The only thing you can do is make sure that the Child

Support order is correct, based on your income, her income, and the amount of time you spend with the child. You can do this by going to

court and making sure that your side of the story is

heard, or by hiring a lawyer to do it for you.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Child Support

1. Child support is not the "domain" of the court. however, as previously indicated do keep receipts, cancelled checks, et al, re payments to MOM.

2. View your agreement with Mom to pay $400/mo. as a renewable contract each month. Kind of like a month to month tnenancy in an apartment. When the child goes on welfare, MOM gives up her contractual rights in this regard to the County. Just like a landlord, they may not wish to renew the contract on the same terms. Mom will not be opening the case against you, the County will. Do not ignore it. Do not assume that 30 days means 31 or 32. Do seek the advice of an attorney with all the facts of your situation when you are served.

Re: Child Support

There are several questions that must be answered and that one is whether or not your agreement with the mom has become an order of the court. Is there a paternity or divorce action already pending with the court? Also, to protect yourself you must pay your support payments in checks and cashier's check and keep the checks and copies of cashier's checks for proof of payments. If the D.A. filed a paternity case on you and you were served then you should retain a counsel to advise you on filing a response to the action. Child support will be calcluated based income of the parties (mom and dad), visitation factor and many other factors so I would not be able to tell you how your support could be modified unless I have all the necessary informtion. You may contact my office for a consultation at 310-839-7700.

NINA N. GOHARI, ESQ.

Re: Child Support

Well child support is determined by a statutory guideline which goes by income of both parties and by amount of custody time each parent has. When one parent is on AFDC the DA by law has to seek reimbusement for the county. So long as you are working and even if you are not, you will be ordered to pay something if you are the non-custodial parent. Bottom line, there is no way to get around child support. This issue is in the domain of the Court and cannot be contracted around without the Courts approval.