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AttorneyCook
AttorneyCook, Lawyer
Category: Criminal Law
Satisfied Customers: 40
Experience:  Attorney Cook has represented several clients in criminal jury trials, as a Managing Partner of a defense firm.
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in california, being a parent of a child in custody placement

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in california, being a parent of a child in custody placement i have been asked to pay child support but im also a victim. should they wave the support & fees?

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Hello. Thanks for contacting us.

 

Before I respond, may I first make sure I understand the information you need?

 

Are you asking about a situation in which a child is not being taken care of by a parent because of domestic violence by a different parent? And both the child and the second parent were victims of the violence?

 

And then, the parent who was a victim of violence is asked to pay to help support the child?

 

Thanks for clarifying.

Customer: replied 3 years ago.

the child was arrested with a felony the county evaluator said by law he has to tell me that he is a danger to the community & to myself after detention he is in placement now they won't return him to my home until they are sure i will no longer live in fear they want me to pay child support. yes there was domestic violence in the home but i did not testified against him at his trial he didn't need more to hold him.

I am going to move this question to criminal law -- as the child was arrested, and that is what is behind this matter. Another expert should assist then. Thanks.
Customer: replied 3 years ago.

this is a child support question i want to know if even your a parent, if also a victim if i disagreed with dcs and went to talk to the judge would he wave the support because im a victim?

Dear Customer:

I am so sorry to hear about this unfortunate circumstance. This must be very difficult for you. An order of child support does not automatically terminate unless the child has become the age of majority, or unless the child joins the military or marries. This means that an order of child support in California will stand as it is unless a party is able to successfully modify the child support for some other outstanding reason. A Victim of a child's crime will still have to pay child support unless the victim is able to file a petition to modify child support order, and have a judge agree to reduce or remove the obligation. Because of this situation, you may benefit from hiring a lawyer to modify or remove your child support obligation. At the very least, the attorney will try to have a credit of support given back to your account for the time that the child was in placement and not with the other parent. The argument your attorney might use to win this credit to the account is that many times, a parent is charged for the placement of the child, which if charged in this case would be in addition to the child support charges. The most appropriate route to take in this circumstance (if you are wanting to do this), may be to voluntarily relinquish parental rights to the child, and with this relinquishment request release from the child support obligation as well. Because of the circumstance, a judge may be willing to grant this request. In other words, the obligation of support does not end automatically by law. Instead, you would have to petition to the court, with a family attorney, and attempt to have the obligation removed.
AttorneyCook, Lawyer
Category: Criminal Law
Satisfied Customers: 40
Experience: Attorney Cook has represented several clients in criminal jury trials, as a Managing Partner of a defense firm.
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