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John Domestic
John Domestic, Lawyer
Category: Family Law
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Experience:  Over 13 years of Experience in Family Law.
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I have never filed papers with the court regarding the child

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I have never filed papers with the court regarding the child support I receive. The father of my child no longer wants to pay support. My son's father is also a lawyer. What forms do I need to file in California?
Submitted: 5 years ago.
Category: Family Law
Expert:  John Domestic replied 5 years ago.

Thank you for asking Just Answer,

Here is where you need to start: http://www.childsup.ca.gov/Resources/ApplyForServices/tabid/72/Default.aspx

You need to apply for help with child support enforcement. They will help you for free to file for the support and get your support established. They will also receive and monitor payments. If he fails to pay they will take him to court or garnish is wages, bank accounts or tax returns.

This is all of the resource you need to do this own your own.

Customer: replied 5 years ago.
right but i would also like to get custody in writing and hashed out because he is now threatening to hire a lawyer for full custody on the grounds that he doesnt want to pay. Can I file online at ca.gov?
Expert:  John Domestic replied 5 years ago.

Here is a self-help child custody site: http://www.courtinfo.ca.gov/selfhelp/family/custody/

With that said, I would never advise you to seek custody in court without the aid of an attorney. Custody is much more complicated than child support and there is not a free system to help you. You are going to be up against him as a trained lawyer to deal with all of the procedural rules, evidence rules, etc.

Customer: replied 5 years ago.
Is there a lawyer in CA that you would recomend, that does not charge a $4000 retainer?
I currently have my son 5 out of 7 days of the week and it has been that way for 5 years. Should I file the child support form and then wait to see If he takes custody action?
Expert:  John Domestic replied 5 years ago.

I would file child support and let him make the 1st move with custody.

I can only give you a search website for a lawyer. They are all likely going to charge a hefty retainer because when I say child custody cases are complex they are also time consuming (this means big money at an hourly rate): http://lawyers.findlaw.com/lawyer/practicestate/Family-Law/California

Customer: replied 5 years ago.
Since I have custody for 5 out of 7 days for over 5 years, is there a form I can file with the court to confirm this? Or does it need to go through a legal proceeding?
Expert:  John Domestic replied 5 years ago.
It will have to go through the normal original legal custody proceeding. There is no way to confirm this unless it is in writing in a signed agreement.
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