Legal Question in Family Law in California

Child Supoort vs. Social Security Benefits

I've been receiving child support in the amount of $477/monthly (this amount includes a split cost for daycare.) He quit he's job and took me to court to reduce his payments,that didn't happen. Then this past year he found out that he's sick and in need of a kidney transplant. He's now on permanent disability and receiving social security benefits in the amount of $868.My son will be receiving benefits also, in the amount of $258.My son's father is taking me back to court to modify the existing order and not pay any child support for the next few years. For me, going from $477 to $258 is a huge decrease and is going to hurt me financially. Although I sympathize with his illness I can't just simply agree to such a cut.My question is; what are my chances in court and what most likely happens in cases like this. I mean it's not like the $258 from social security is coming out his pocket, and can he really go on not paying anything because of his illness. He tells me that I shouldn't go to court and that a child support officer is telling him that I'm going to lose and possibly come out with getting even less than $258. I don't know what to do, PLEASE HELP!


Asked on 1/12/05, 6:10 pm

1 Answer from Attorneys
Mona Montgomery Mona Montgomery, Attorney at law

Re: Child Supoort vs. Social Security Benefits

Here's an idea:

http://www.courtinfo.ca.gov/forms/documents/fl390.pdf

Go to this website and copy the form which is a request for modification of child support. As for what you believe is reasonable, let's say $75.00 per month which, when added to the $250 you are getting from the government is about $325. Take the form to the filing clerk and get a court date. File the form (along with a Request for Fee Waiver if you are poor) and send a copy to the father. On the date of the hearing say just about what you said in your inquiry here to the judge. Plan on about three to five minutes to state your position to the judge. The father will say how sick and poor he is and the judge will come up with a figure. You will then hand the court clerk an ORDER for the judge to sign and you send a copy of that ORDER to the father. File a "proof of service" with the court to porove that you sent a copy of the ORDER to the father and that is the end of that. It seems to me it is worth the effort.

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Answered on 1/12/05, 9:11 pm


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