Legal Question in Family Law in California
Child Support
My ex-husband and I have a verbal agreement to a set child support amount. However he has been unwilling to ''help'' out in other fields as he promised. I would like to get a court order and get the set amount from the courts on child support. He has been promoted in the Air Force since our divorce 6 years ago. I would like to find out how to go about getting the ball rolling. Our divorce took place in Bakersfield Court, California. I reside in Michigian and he now resides in Glendale, California.
4 Answers from Attorneys
Re: Child Support
Hello, I have received a copy of your posting regarding child support. Please call my office for an appointment so that we can discuss the details of your case, likely fee ranges, and the options available to you. What state was the divorce in? John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)
Re: Child Support
You have three options:
1. You can hire an attorney, it would probably have to be in California as that is where he is based and pay that attorney to pursue an increase in child support.
2. Contact either the child support enforcement, or what ever it is called there, and request that they pursue child support increase for you. Most of these agencies are very slow, but they cost nothing.
3. California sets child support by plugging specified numbers into a computer program. You could go to a website that provides access to this program for a modest fee and calculate child support, based on your best estimate of his income, and your income. Then plug in the remainder of the requested information and calculate the amount of support. Send him a copy and a written agreement for the court to order the computer generated child support. If he agrees then have him sign the support agreement, with his signature notarized, and then you sign and have your signature notarized. Send it to the cour for the judges signature.
Re: Child Support
You need to get something ordered and set by the court. Call counsel to assist. A person in the military is a captive individual on such situations and the military will deal with him and whatever the order may require, including other items in addition to child support itself.
Re: Child Support
Because your divorce was in California, the proper jurisdiction as of now is in California and an Order To Show Cause can be filed in California for a modification of child support. However, because you reside in Michigan (presumably with the child), you can file a motion here in California to have the venue changed to Michigan - but the motion must be filed and heard in California. Another option for you would be to contact the Department of Family and Child Suport services in your area. This service can work with their counterparts here n California and you may be able to have your support increased without having to employ the services of an attorney.
Either way, good luck to you!