Legal Question in Family Law in California

In California child support can not be waved. It sounds like the support payments should be going to her step-father and you could always ask the court to have him receive the payments. Child support payments are to supplement the on-going expenses of running a house with children in it.

You can always go to court and ask the court to modify the custody arrangements. Here you probably have a change in circumstances and spending more time with you is one way to lower your obligation. However, in California child support is considered paramount and the court will ordered it paid before someone pays their own rent.

If you would like to discuss the matter please feel free to contact us through our website at www.brianmcginitylaw.com .

Good luck

Good luck

McGlinty obviously knows nothing about child custody and support law. The step father has NO legal right to child support even if he is caring for your child. There is no way you or he can get the payments ordered to him. Any modification to support must be ordered by the court, either by issuing a stipulated order based on the agreement of the parties, or holding hearings and making a determination as to custody and support and making an order based on that. In no case, however, would a step-parent be ordered to pay or be paid support (except some VERY unusual cases where a step-parent is found to assume the child support obligations of a parent and they are ordered to pay). It sounds like you need to take over custody of your daughter. You will need to go to court to do that. It would probably be good idea to at least have an attorney advising you on it, even if you don't hire them to actually represent you.

Well, there is one instance in which a step-parent could get support, and that would be if there was a guardianship in effect or if a court were to order custody to the step parent as a joined party. Since child support is based upon income and time spent with a parent, then support should not be going to the mother in this case. I would advise that you find highly qualified legal counsel to advise you. A certified specialist might be a good idea. Good luck!