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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27646
Experience:  Attorney with experience in family law.
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Se litigation, how do I calculate child support?

Customer Question

For pro se litigation, how do I calculate child support?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Actually I'm just wondering if I've covered 100% of my 9 month old babies care and the father has been identified through the court's dna services, I'd prefer to file on my own and ask for 800.00 to 1000.00 my overhead is 4000.00 I need help of at least that!
Expert:  Lucy, Esq. replied 1 year ago.
Hi,
I'm Lucy, and I'd be happy to answer your questions today.
Child support is based on the combined incomes of the parents. If you don't know his income, you're allowed to request discovery. The most commonly used types for child support are Interrogatories and Requests for Production of Documents. This calculator can help you determine how much you may be entitled to if you have that information.
https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator
In cases where custody is not part of the dispute, you also have the option of filing for Child Support Services through the state. They can determine the appropriate amount of support for you, help get income information from the father, help you get the support order, and collect it for you by garnishing his wages. That might be something to look into.
http://www.childsup.ca.gov/
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Customer: replied 1 year ago.
Lucy thank you for responding, I should have asked this differently..see I opened my case in January with DCSS, and I'm not agreeing with thier figure, tomorrow is our hearing and I'm trying to decide weither or not to terminate thier services and include what I'm asking for support in my Domestic Violence Order request this week. I know what he makes, and his 2nd business that he didn't disclose or his boat and RV he also hid as assets, all I want is whats 30% fair, ...it dosent even include child care cost! I just can't get the DCSS rep to answer anything they just seem to do thier thing regardless of the best interest of myself or my 9 month old baby. I know they arent my lawyer but they would make money every month off me and this case so I feel I at least deserve a straight conversation! I'm frustrated, not sure what I should do. Thank you for your input.
Expert:  Lucy, Esq. replied 1 year ago.
If you don't agree with the amount that DCSS is requesting, and you're not comfortable with the way they're handling your case, you're free to close your case and file a separate lawsuit in the family court using the forms available on the court's website. But use the calculator before doing that to make sure the amount you're likely to get is enough different to justify doing everything yourself.
It may also help to try to explain your concerns to the DCSS rep again - try email maybe, so you can send a list of things you want them to address to try to get an answer. That sometimes works better than the phone. Or you can ask to talk to a supervisor over there about your concerns with the amounts they're asking for.
Customer: replied 1 year ago.
Lucy, One more question ..sorry..:+)).. if I file the DV 300 today and everything from support to custody is requested in this filing, would they then not hear the support request if the case has been opened but not heard by a judge yet for the support thru DCSS?
Expert:  Lucy, Esq. replied 1 year ago.
It's possible that if a support case is already in progress from DCSS, the court will proceed with that hearing unless you ask them to dismiss it. And once there's an order in place, you'd have to be able to show a material change of circumstances to get the order changed - which the judge won't even hear for at least 6 months.
Customer: replied 1 year ago.
So I did read that the case will be heard by a commissioner and if I object to his recommended order, by law I'd have 10 days to submit a Notice of Objection. A temporary order would be placed until a new hearing date. Circumstances did change and that's what I've been trying to relay, as well as the fact they have ignored my repeat request to include a FL-192 to include covering the medical bills I'm left responsible for that werent covered by insurance. They said to put in my custody order & that makes no sense to me!
Expert:  Lucy, Esq. replied 1 year ago.
When you say "my custody order" are you talking about your separate request or the DCSS request?
I thought you were hoping to avoid getting your order from DCSS at all. Are you still going to proceed with that hearing?
Customer: replied 1 year ago.
Yes I meant that DCSS told me when I was pregnant to keep all my receipts so I did for 12 months, they told me medical cost could be included once we went to court..BUT now that the hearing is coming up this week they suddenly tell me no none of this can be done through the support order, to include it in my seperate custody order..But its part of the COST of having the BABY I'm trying to get the support for! And the FL-192 was included with the court documents THEY sent me to review..So that's why I feel I'm going in circles and just want to do it all together on my own but afraid itll take too long again to get an order completed... so I gues I'm at thier mercy right now..
Expert:  Lucy, Esq. replied 1 year ago.
Ok, thank you for clarifying. You will most likely get payments sooner if you proceed with the DCSS case, even if you wind up needing to object and request a new hearing.
Custody typically only deals with who gets to keep the baby and make decisions, including medical decisions. Support discusses payments for the baby, and dates back to the date the child is born. It doesn't usually include pregnancy costs and hospital bills. He'd only have to pay if he had agreed to do so, or lead you to believe that he would pay. That would be a separate case, not part of the DCSS child support hearing.