Frequently Asked Questions
Divorce law can be a complex topic for those unfamiliar with the field. At the law firm of Fischer & Van Thiel, LLP, we have taken it upon ourselves to ensure that you are familiar with each issue that arises in a divorce.
Can both parents agree to stop child support?
The custodial and non custodial parent agrees that child support should be stopped. Is this possible?
Yes, both parties can sign a stipulation stating that no child support will be paid as long as the custodial parent is not receiving aid. However, the court will retain jurisdiction over child support until the child reaches the age of majority. This means that at any time, the custodial parent can go to court and request child support.
Can I get child support in California if I am not getting a divorce?
I have been separated for two years from my wife, and my kids live with me. Can I get support without filing for divorce in California? We have not been living together since our separation, and even file taxes separately.
You do not need to file for divorce in order to get support. You will need to go through the court to obtain a child support order so you will have to file something. You can contact your local Department of Child support services office and they can help you get started. So while you do not have to file for divorce, you can file for a legal separation. The court needs to know that you two have in fact separated and there is one parent who is the full time provides and therefore in need of support.
How can she get child support?
In addition to filing for dissolution, she can file a motion with the court requesting child and spousal support. If she is unable to afford the services of an attorney, she can contact her local Department of Child Support Services (DCSS) for assistance. Also, Family Law Facilitator offices located in many courthouses can assist her in preparing the necessary documents to request support.