Legal Question in Family Law in California

Do I have to continue to pay child support if I'm no longer seeing the children and the mother lost custodial rights?


Asked on 11/05/10, 9:32 am

2 Answers from Attorneys

Whether or not you are seeing the children has nothing to do with your support obligations. Saying "the mother lost custodial rights" is not clear enough to say whether your support obligation would terminate or not. In any case, however, until you go to court and get an order terminating your support obligations, you have to continue to pay. If you think what has happened with the mother is grounds to end support payments, you have to file a motion to terminate the support order.

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Answered on 11/10/10, 9:41 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. If the mother has lost custodial rights, such as through the exercise of dependency court jurisdiction, then she is no longer the "custodial" parent. You will need to file a motion to modify/ terminate child support payments, at least to her.

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Answered on 11/10/10, 5:03 pm


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