How To Acquire Emergency Child Support

child support order

Emergency child support orders, also known as ex parte, are available when a child is in an immediate risk of danger or abduction in their home. The orders are usually in cases of domestic violence. A parent must show evidence that their child is in danger to win the case.

California law governs emergency child support orders under California Rule of Court 5.151. The law governs that ex parte can only be used under limited circumstances, including to help prevent an immediate danger or irreparable harm to the child involved in the matter.

If you think your child is in harm, file the order right away. In some cases, a parent may petition the family court for an emergency hearing. You should get help when trying to attain emergency child support. A family attorney will guide you through the right steps to succeed.

What Constitutes an Emergency Child Support Hearing?

California law institutes grounds for emergency child support orders. If any of the following have occurred, a parent can likely obtain temporary order if they have evidence;

  • A sex offender residing in the home
  • Allegations that the child is a victim of sexual abuse, physical abuse, or neglect
  • Indications of domestic violence
  • A parent’s arrest for a serious crime, including drug and alcohol use
  • Allegations that the parent is suffering from a mental breakdown

You will need proof that your child is in danger. This could be photos, emails, or texts. Save all communication between you and your co-parent. Without evidence, the judge will not see your case.
You should work with a family law attorney for the best likelihood to be granted an emergency child support order. An attorney can help gather the information and take you through the steps to win your case. The Law Offices of Eric Andrew Mercer provides family law legal experience to win emergency child support orders. Contact the family law legal office in Sacramento, California today!

About the author 

Eric Mercer

Eric Mercer is the owner and primary attorney at the Law Office of Eric Andrew Mercer based in Sacramento, California, but represents clients all over California. He started his legal career as a patent litigator at an intellectual property law firm in Palo Alto, California. He formed his own law firm in 2009, where his practice includes family law, consumer law, and personal injury. His family law practice focuses on parents’ custody rights and support. His consumer practice focuses on individual and class action litigation involving mortgage loan servicing, foreclosure avoidance options, mortgage origination, foreclosure rescue scams, automobile fraud, and unfair debt collection. His personal injury practice focuses on bicycle and motorcycle accidents. He is experienced in California and federal courts through all phases of litigation, trial and appeal.

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