Legal Question in Family Law in California
2 years ago when my wife and I separated , they used incorrect income amounts to determine support payments. As a teacher I get 10 paychecks a year and they multiplied my monthly amount by 12 - thereby my income rose by a sum of 2 extra months. I filed a motion to modify support and showed where the error was made using notice of employment documents and paycheck stubs. The judge stated that since I initially agreed to the extra support above guideline that I must continue to pay that amount. My divorce is not yet finalized and I cannot afford a lawyer - will they rectify this problem as part of my final and permanent divorce proceeding?
1 Answer from Attorneys
The problem is that you never challenged the original order. Pendente lite orders for support are appealable orders, and once the time to appeal runs, they become final.
I say this, because the court will most likely keep the current order in place subject to expiration terms, rather than admit a mistake and recalculate a final support award. You should have retained an attorney, which may have saved you money in the long run.
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