Trying to increase child support after ex stopped paying - will his stepkids affect CalWORKs calculation?

The most important thing to understand is that in California, child support is calculated using a standard formula that primarily looks at both parents' incomes, how many children you have together, and how much time each parent spends with the child. Since he has 0% visitation, that actually increases what he should pay. His step-children don't factor into the calculation AT ALL - those aren't his legal responsibility in the eyes of the state. His other biological child DOES reduce his obligation somewhat, but not nearly as much as he's probably claiming. Skip welfare for now and go directly to DCSS (Department of Child Support Services) in Visalia. Their services are FREE and they'll help you establish a proper order based on his actual income, not what he claims he can pay. They can also collect the back support he owes you for those missed months.

his step kids definately DONT count in child suport. my ex husband tried that same BS excuse with me. the judge straight up told him those kids r NOT his legal resposibility!!! only his biological kids count in calculaton. and since he dosent see your daughter at ALL that works in ur favor. definitely go to DCSS asap they will help u without u needing to pay a lawyer

i was in a situation like this and spent MONTHS trying to get thru to dcss. kept getting voicemail and when i did get someone they put me on eternal hold or transferred me to nowhere. finally i found this service called Claimyr that got me through to an actual person at DCSS in like 10 minutes! totally worth it. you can see how it works here: https://youtu.be/jzISHxCPLwE and the website is claimyr.com They basically call for you and when they get a real person they connect you. saved me so much frustration especially when dealing with this emotionally draining stuff.

Don't waste time on welfare if you're just looking for child support help! CalWORKs will force you to pursue child support anyway AND they'll keep most of what they collect as reimbursement for your cash aid. Go straight to DCSS - they handle EVERYTHING for free. I went through this last year. My ex also had a "new family" he prioritized. DCSS got me triple what he was voluntarily paying before! And they garnished his wages so he couldn't just decide not to pay anymore. Also important: They look at his ACTUAL income from tax returns and employer verification - not what he claims he can afford. His fancy house doesn't directly factor in, but they'll definitely question how he affords it if he claims he can't pay proper support!

So what I'm gathering is I should definitely go to DCSS directly instead of applying for CalWORKs first? I'm getting mixed information from friends - some say welfare will help me get more money faster.

To address your questions directly: 1. His stepchildren are COMPLETELY irrelevant to the calculation unless he has legally adopted them. Only his biological children count. 2. His house, cars, and lifestyle don't directly factor into the calculation. However, if DCSS sees evidence of a lifestyle that doesn't match his claimed income, they can investigate for unreported income or ask the court to impute additional income to him. 3. Go directly to DCSS. With CalWORKs, you'd have to assign your child support rights to the county and would only receive the first $100/month (passthrough) - the rest goes to reimburse the county for your grant. 4. An attorney isn't necessary for standard child support cases. DCSS provides all services for free, including legal representation at hearings. Also important: His lack of visitation actually increases his support obligation because the formula takes into account how much time each parent spends with the child. With him at 0% time, he'll pay more than someone who has regular visitation.

My sister went through DCSS and they were able to get backpay for child support, but here's the thing. Once they establish the court order they can only go back 3 months for retroactive support from when you filed. But in your case since you already HAVE an order and he just stopped paying, they can collect on ALL of those missed payments. Make sure you bring documentation of your current order and proof of any payments he did make (bank statements, etc).

girl stop letting him manipulate u!!! men always try to make us feel bad about asking for whats OWED to us for OUR CHILDREN!!! u dont need to feel guilty bout asking for proper support. those step kids have a mom and dad who need to support them. ur job is to fight for ur daughter!!

Just to clarify something important that people often misunderstand: The guideline calculator DOES consider the father's obligation to support children from other relationships, including both biological and adopted children. However, it does NOT consider his voluntary support of stepchildren. So in your case, only his one other biological child will be factored in as a hardship deduction, not the 5 stepchildren. This is clearly stated in California Family Code Section 4071. If you go to DCSS, they will handle all aspects of your case including income verification, establishing the appropriate support amount, enforcing payment, and collecting arrears. The timeline varies but typically takes 60-90 days to get established with the first payments.

I want to thank everyone for the advice. I'm going to contact DCSS tomorrow morning and get this process started. I feel much better knowing the stepchildren won't factor into the calculation like he's been claiming all these years. I also appreciate knowing that going directly to DCSS rather than CalWORKs means I'll get the full amount of child support. I'll update once I get things moving with DCSS!