Anyone know something about child support in CA?

Question

My older sister has 3 children with this guy who she's been broken up with for over 11 years now and since their break up 5 years ago he decides when and how much child support he will pay her (if any). I told my sister several times she should file for child support. Her ex is a loan officer who makes good money but seems to think that he doesn't have to pay child support. So because he writes my sis a check that has a memo saying "child support" he thinks it counts for something in case my sister takes him to court. I was told that if the money he gives her isn't going through the court system it means NOTHING and is considered a gift Anyone know anything about this or a web-site that states this?

Answer 1

Child support can not be set retroactively-so until she files--he owes her nothing. Once she files-the court can set support back to the date of filing--but not prior to. After that, if he does not pay 'through the system' then it can be considered 'a gift'. He should be paying approx 34% of his gross income for 3 children. Based on what he was earning when they split--she can figure approx what she SHOULD be getting. I doubt he has 'overpaid' her. Have her apply at her local child support agency. You can look up CA guidelines for support here:
http://www.acf.dhhs.gov/programs/cse/extinf.htm

Answer 2

Hello, I have that problem seven years ago, she needs to go to a local Social Services office (welfare, medical, etc) and they will tell her to file child support claim, because that guy is getting away with responsibilities that obviously he does not care, so your sister does not need to have consideration with him, he will defend himself with the checks but that does not count, you know why? right. Your sister needs to weak up!!

Answer 3

I live in So Cal, and she needs to get a lawyer. He most definitely should be paying child support and I believe they can force him to pay all that he owes from the past. Good luck.