Have Legal Questions? Ask a Lawyer Now.
Hello Christie --
I am sorry to hear about this situation. Are you seeking information on how to bring your ex back into court in order to get a child support review and increase?
Hello again Christie --
This is a very difficult situation to be in. You see, you can take the matter into family court where they will want you to go to mediation and come to a written agreement between yourselves -- and then that can be enforced by a paycheck garnishment every week (and they will attach bank accounts and any tax returns if he does not pay the child support). However, because he is working in a cash in hand job where you will have a hard time proving what he really earns -- and the child support is based completely upon what each party presents to the court as their documented earnings -- you may not get more money than you are actually getting now if you took the matter to court. (Many custodial parents in your situation will actually hire a private investigator to dig up some evidence of the non custodial parents working and how much they actually earn every week/month before they bring the non custodial parent into court for an increase in the child support payments). Overall, my suggestion is that you DO sign the matter up in family court because any increase that you receive is NOT retroactive back to when your daughter was younger -- the clock starts ticking only from the date that you file the application for a modification in child support benefits with the courts. You can make this application to the local county family court yourself -- it is not very complicated -- you simply get the forms either from the clerk of courts office at the county court where you are residing with your daughter or you can get the child support modification application forms online at the CA courts website. The forms are not very difficult to complete, but if you need assistance, there is an employee of every court in CA called a Family Court Facilitator -- this employees job is to do nothing but assist people like yourself who are completing the paperwork and bringing in a family law case without an attorney -- they can help you from the start to the finish -- and you can get the name and contact information from the clerk of courts office at your local family court (when you go to either pick up or file your child support paperwork, you just have to ask the clerk WHO is the Family Law Facilitator for this court and how can I contact them? And you will be given all of the correct information). Here is a link to the CA courts family court /. law website where you can open and print the child support forms --
http://www.courts.ca.gov/selfhelp-support.htm THere is also a lot of information at that website regarding how the process works and even the family law facilitator program.
I hope that helps. I wish I could offer you an immediate solution to your problems. You might want to contact the family law facilitator in your county first before filing any child support paperwork to determine if there is a way to make sure that all of your ex's income is reported on the court forms and how to maximize the situation to get an increase of what is being paid (and to make sure it comes on time).
Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing a positive rating will NOT cost more money -- it is just a trigger to this website to pay me for my time in assisting you today. THANK YOU VERY MUCH
Hello again Christie -
Can I answer anything else for you at this time? If not can you please press the 3rd, 4th or 5th smile face under this ANSWER box so I will be paid for my time. I am paid NOTHING for assisting you unless you press a positive rating below. Even if you have questions in the future, the question here will not close if you press a positive rating below (you can come in and ask follow up questions at any time) !!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).