About Roy ChingRoy Ching is an attorney of over 15 years practicing family law in the counties of San Mateo and Santa Clara. He is knowledgeable and highly skilled in all aspects of family law, including custody and visitation, child and spousal support, and the characterization and division of assets and debts. Roy partners with his clients, and provides effective and high caliber representation.
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Jurisdictions Admitted to Practice
|McGeorge School of Law - University of the Pacific||J.D.|
|University of California - Davis||B.A.||Psychology|
- Overall: 167th
- Overall: 10 Answers
Q. What are my rights as a mother if neither of us has legal custody and father cut communication and visitations?
A: The law provides that the court is to make orders that are in the best interests of children. As a parent, you can start a proceeding in the Superior Court and ask the court to make orders that are in the best interests of your child, which can include establishing custody and a visitation schedule, and other orders that are beneficial for your child. Relatedly, the law also provides that it is in the best interest of a child to have contact with both parents, however, the court will consider all relevant facts and circumstances to ensure the child's health, safety and welfare.
Q. Do I need a family law lawyer if I am trying to settle divorce with a auto and house involved in divorce?
A: There is no legal requirement that you have a lawyer. As a self-represented party, you can file for divorce, negotiate with your spouse, and assuming you reach a written agreement, you can ask the court to incorporate your settlement agreement into your judgment.
Q. If my child support case is in california and I move to washington, does case remain the same as far as amount goes?
A: A child support order does not automatically change simply because of your move. However, assuming there has been a sufficient change of circumstances, for example, a change in timeshare because of your move, a motion to modify the child support order to change the amount can be filed. Whether California law would still apply and where the motion would be litigated would depend on whether California retains continuing jurisdiction over your case. Family Code Section 4909 provides that the court in California would retain continuing exclusive jurisdiction as long as either the child support obligor, obligee or the child resides in California, or the parties file an agreement consenting to the transfer to the court of another state.
Q. Local child support agency representative stated they have no public records, is that true?
A: The local child support agency is not a part of the Superior Court so they do not maintain "public records" in the same way that the court does. However, they may have copies of court documents in their own files.
Q. My daughter is turning 18 in a few months. Her dad said that he doesn't want to pay anymore child support...
A: Your daughter may still be entitled to child support. California Family Code Section 3901 provides that parents' obligation to provide child support continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. To obtain a court order requiring the father to pay child support, you would have to file a motion in court requesting child support. It is important to keep in mind that you can only ask the court order that the father to pay child support starting from the date of your filing.
Q. Am I to be notified if the opposing party in my case changes counsel?
A: Yes, you should have been served with a copy of a form called the Substitution of Attorney, which would notify you that your wife obtained new counsel, and provide you with that attorney's contact information.
Q. My daughter of 16 has decided to live with me and mother has agreed do I still need to pay child support
A: Whether you still need to pay child support depends on the incomes of you and the mother, your relative timeshares, and the other factors in the California Guideline used for calculating child support. However, if you have significantly more timeshare now with your daughter, it is likely that your child support will be significantly reduced, possibly down to zero. It is important that you file a motion to modify your child support order to ask for a reduction in your current child support order, as changes in your child support order are only effective starting from the date of your filing.
Q. Can I have child support payed straight to me now that im 18. My father has to pay till im 19?
A: Yes, you may be entitled to child support even though you are currently 18. California Family Code Section 3901 provides that parents' obligation to provide child support continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.
Q. Do I have to pay child support? Is there any way I can avoid this?
A: California law provides that parents have an obligation to financially support their children, and cannot avoid their obligation by giving away their parental rights. The court bases the amount of child support to be paid on a formula set forth in the California Family Code, referred to as the "Guidelines". Income and the amount of time you spend with your child, or "timeshare", may be significant factors in determining the amount of child support you may have to pay. Accordingly, aside from your income, you should consider how you can help to parent your child. Not only would it benefit your child, but it would also reduce the child support that you may be ordered to pay.