Legal Question in Family Law in California

I am student now without income. My husband and I want to divorce. But I want to keep my children and my husband agrees that but he refuses to pay for child support. I'm afraid I do not have enough money to hire an attorney, then what I should do?

Asked on 8/02/10, 4:29 pm

2 Answers from Attorneys

Matthew Jensen Law Office of Matthew J. Jensen

If your husband refuses to pay child support, you can file for it with the court. You should contact the local bar assocation (every county usually has one) to see whether they have an attorney assistance program for people of limited means. You might be able to get an attorney with a reduced hourly rate that way. Your local bar association might also have a pro-bono program. If you are still unable to hire to an attorney, there are self-help guides on divorce and child custody.

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Answered on 8/08/10, 1:15 pm
Timothy McCormick Haapala, Thompson & Abern, LLP

Tell your husband that child support is mandatory. The court does not even have the option of not ordering it, and the amount is calculated by a formula in the Family Code that has to be run on court approved software (almost everyone uses Dissomaster). The court must order the formula amount unless the judge makes a special finding that the formula is unfair in your case (basically NEVER happens). Bottom line: even if you wanted to give in and not take child support, the system won't let you unless you lie to the court and say you have no children.

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Answered on 8/09/10, 11:51 pm

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