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#1
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| If i am given guardianship of my minor daughters son will the support paid by the father be assigned to me or the mother? |
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| <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by js: [b]If i am given guardianship of my minor daughters son will the support paid by the father be assigned to me or the mother?[/b]<HR></BLOCKQUOTE> My response: Petition the court for orders that payments are to be made directly to you. Parents' duty to support minor children: Fam. C. Sec.3900 codifies the general obligation of both parents to support their minor children "in the manner suitable to the child's circumstances." [Ca Fam Sec.3900] ("Support" in this context includes "maintenance and education." See Ca Fam Sec.150.) This general obligation is also reflected in a statement of legislative intent regarding application of the "statewide uniform child support guideline." In implementing the guideline, courts "shall adhere" to the principles that (1) "a parent's first and principal obligation is to support his or her minor children according the parent's circumstances and station in life"; and (2) "both parents are mutually responsible for the support of their children." [Ca Fam Sec.4053(a) & (b)] If a parent willfully fails to satisfy his or her statutory child support duty, the other parent, or the child by a guardian ad litem, may bring an action against the parent to enforce the obligation. [Ca Fam Sec.4000; see Johnson v. Super.Ct. (1984) 159 Cal.App.3d 573, 581-585, 205 Cal.Rptr. 605, 611-613--action by mother against father for willful failure to support "developmentally disabled adult child"] IAAL ------------------ By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE." [This message has been edited by I AM ALWAYS LIABLE (edited April 24, 2000).] |