Legal Question in Family Law in California

Child Support Adjustment

In September 04 I agreed to keep my CS at 527.00 per month even though I was layed off 06/01/04 (unemployment benefit adjustment 76.00) On 12/31/04 my unemployment benefit ran out and I no longer have an income. My paper work was filed on 1/20/05 and I am paid up to that date in CS. My ex has moved my case from Family Court to the DA. According to the DissoMaster my wifes income at 2700.00 per mo. and mine at $0.00 she would have to pay me 278.00 per mo. My question, am I in trouble for not continuing the CS payments? How will the DA rule? Do the take into consideration all the factors. I have paid for everything since the divorce in 1998, reeducating my ex, spousal support, child support, medical, dental, vision, co-pays, school, etc.


Asked on 3/08/05, 11:16 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Support Adjustment

The court makes the decision regarding the amount of child support. Further your income would include unemployment benefits, assuming that you are receiving such benefits. You would also be ordered to make reasonable efforts to find employment. You would be required to provide evidence of your efforts to the court. The fact that you continued to pay child support after losing your job will be considered by the court. You should also keep in mind that child support continues to accrue at the court ordered rate until the court makes an orde reducing the support order.

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Answered on 3/16/05, 2:12 am


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