Legal Question in Family Law in California
I currently have an open child support case with the child support department where I am the defendant. It is for arrears only. I now have physical custody. If I request a modification, will I be awarded child support or will I have to file a new case?
1 Answer from Attorneys
If you have arrears, it will most likely be outstanding if it is payable to the county for welfare programs, or if it is paid to other parent, they would still have a right to collect, since it is for times when you were not the primary parent. Now that you are, you should seek a modification based on the timeshare change of you being the majority parent.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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