Legal Question in Family Law in California
child support and custody
Recently, there has been court order for my ex husband
to pay child support for 2 children, with a 70-30
timeshare order. I have since found out that he did
not include his non-taxable income in the calculations
of the court. He recieved orders (he is in the
military) and left the country without telling me
because he did not want the childsupport to change.
Is there anything I can do to change the timeshare and
support order with him overseas.
Thank You
2 Answers from Attorneys
Re: child support and custody
You can go back to court and ask the court on an O. S. C. to modify support.
Re: child support and custody
You should file a motion to modify future support and to set aside the past order because of extrinsic fraud. Then your new order will be retroactive to the first order date.
You can serve him anywhere, since he is in the military. You may have to have the court appoint counsel for him, since he is active duty.
You may also get a higher award since he seems to longer be 30% timeshare.
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