Legal Question in Family Law in California

What do I do now?

A paternity suit was filed against me in February 2000 for a 10 yr. old daughter I never knew was in existence. The child has been in my custody since June 2001 and I'm still paying the mother $736.00 per month child support. I've wrote to the court to explain this situation months ago and I've gotten no answer or relief. I wish to stop the support payments to the mother but not without the approval of the court. What can I do now or how can I get the courts attention to this matter?


Asked on 11/18/01, 3:46 pm

5 Answers from Attorneys

E. Stassinos Elias Stassinos, Esq.

Re: What do I do now?

You need to file certain orders in court in order to be awarded legal custody and remove your obligation to pay child support.

If you have more questions,

[email protected]

310-880-9404

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Answered on 11/18/01, 3:52 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What do I do now?

You need to file a motion to modify child support and to amend the custody order to conform to the actual situation. Take this action immediately, as the court cannot modify the court order to reduce support after it becomes due. The exception to this rule is that the date for modification starts on the date of filing the motion.

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Answered on 11/18/01, 6:01 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: What do I do now?

You should run, not walk to the court to file you motion to modify the court order, it is costing you at least $25 per day failing to file the order. You might contact an attorney, the motion is quite simple and should not be real expensive. Or you might ask the court facilitator's office to help you prepare the court, if your county has a facilitator. Good Luck, Pat McCrary

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Answered on 11/19/01, 10:03 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: What do I do now?

You need a hearing to obtain a court order modifying support. You need to file an OSC with all the financial forms. It may be worth it to hire an attorney for this limited purpose rather than try to do it yourself. Please call me directly at (619) 222-3504.

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Answered on 11/19/01, 10:08 am
Michael Burt Diamond, Burt, & Akhkashian

Re: What do I do now?

You need to file an OSC (order to show cause) with the court to modify/terminate child support payments. Its not a very difficult thing to do but I would suggest hiring an attorney to do it for you. A court appearance will be required as well as alot of paperwork that if not done correctly can really slow down the process.

I would be happy to discuss the matter with you.

Michael Burt

(213) 384-2220

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Answered on 11/19/01, 12:41 pm


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