Legal Question in Family Law in California

Re: child support

Sounds like you should seek enforcement of the child support order through the Dept of Child Support Services. It is not about what your ex believes he can afford, although it is true that child support orders can be in an amount that are greater than someone can "afford," (for example someone making some $4,000/month gross income with 3 children may be ordered to pay some $1,200/month in support, but after taxes, have basically enough to pay rent and no other legitimate expenses). But the order is what it is, he can't escape the order in bankruptcy and the order doesn't expire, so it follows him as long as enforcement is pursued. It is not "legal" for him to not pay the amount, but the penalties that may be imposed may be limited by his inability to comply with court's order.