Legal Question in Family Law in California
Court Appearance
The NCP has lost his job,his residence, and his cell phone. I have no way of contacting him. Is it beneficial for my child for me to go to court to sue for more child support since his daycare costs has increased now that his father is not seeing him (helping watch) him anymore? Or would this backfire since the NCP has no job? If the courts are unable to serve him with papers, do I automatically get everything I request for? Thank you for any and all information and help.
2 Answers from Attorneys
Re: Court Appearance
The court will take no actio until such time as the other parent has been served. Service is usually by mail or personal service. If that is not successful then the court may allow service by publication. If you file the motion you should request that either support is based on his ability to earn or that he is ordered to obtain employment. Child support is based on your gross income, his gross income and the per cent of time with each parent. This program will give you a general idea of the amount of child support to be paid.
Re: Court Appearance
It is not possible to answer that question without knowing what the current child support payments are and whether he is currently paying. It may be beneficial for serveral reasons, but it could be detrimental. Good Luck, Pat McCrary
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