Legal Question in Family Law in California
Support Modification
My daughters mother moved to TX in Aug 2004 and my daughter wanted to stay in CA so my sister offered to let her move in with her. I submitted a request to the child support agency for modification of my current support because of the change in custody. I filled out the paperwork and because my daughters mother denied that my child is not living with her, the agency will not go forward. Is it proper procedure for them just to assume she is telling the truth and not take any action to reseach my allegations? We provided them proof that my child is living with my sister and not her mother but they still will not go forward with the modification. How can I proceed since my daughter does not live with her mother but her mother is receiving child support each month? Her mother does not send any of the money to my sister to help support my daughter. Also, my sister is providing health insurance through her work but my job is still getting letters that I need to provide health insurance. I have sent the agency all the documents showing she already has insurance but they still insist I must provide as well. Is this correct?
1 Answer from Attorneys
Re: Support Modification
The issues is not for the local child support agency to decide. You should file a motion to modify the support with the superior court. Make sure that you include school records in your motion to establish that the child is still living in California. Good Luck, Pat McCrary
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