Legal Question in Family Law in California
child support
what is the cheapest/simplist way to take my ex back to court to change the child support/custody settlement he is not abiding by the established settlement
2 Answers from Attorneys
Re: child support
I assume you mean the least expensive way of doing in terms of up-front costs. Do it yourself. If you don't do it right, then the small savings you got will be eaten up in short order. False economy.
You said "settlement" therefore, that means the judge did not have to make any findings and you can go back to seek to change the terms the agreement allows you to, such as child related issues.
Had it not been a "settlement" then the Judge would have made findings and based upon those findings, orders. Then you would have to show changed circumstances. Additionally, whenever custody or visitation changes are sought, there is the requirement that you meet with court mediators prior to court hearings.
Re: child support
if you are talking about payment of support try to get the DA to take the case and go after him. if it is custody and you want to enforce the agreement, go to the court clerk and ask for the forms to file an OC re contempt