Legal Question in Family Law in California
Child Support
my husband has an order to pay child support to his ex girfriend. he does't have enough money to support our two kid already. is their anything he can do to low the child support? his income is really low and he can't get a goood job because he has no education. also he hasn't gone to court yet. does he really have to pay. also his ex is also on welfare.
2 Answers from Attorneys
Re: Child Support
He can either show his income level to the family
support division, or ask for a court hearing, to
see if child support can be lowered. In advance, he can
consult a "Dissomaster" or other program which has
the "guideline" formula for computing support, to see
what the normal award would be, and whether he would be
better off. The fact that he has other children to
support is part of the determination, but all of his
children, within or without the marriage, are entitled
to his support. However, he has to pay while there is a
court order, and the amount of the order cannot change
until he files a motion to modify the existing order, so
he should make that motion soon if it appears that it
will lower his support. The fact that his ex is on welfare
means that the County is seeking to recover its own money, and
will not help him in lowering support. He could try to prove
that the mother is able to be employed, but this is difficult
and hard to establish for most judges unless she has some
skills and/or significant work experience.
Re: Child Support
It is a fairly simple matter to change or establish child support and the guideline levels, particularly with the District Attorney involved. Talk to an attorney that does a lot of child support in the county where the mother is living and collecting welfare. He can tell you whether you are paying too much or guideline support would be higher. He can also advise you of your best strategy in dealing with the District Attorney. Shop around and get a fair price. I have 20 years experience and charge a $950 retainer in San Diego County. That will cover the costs in about 80% of similar cases. You should be able to find something similar in your county.