Legal Question in Family Law in California
child support mdification
My ex-wife filed a order to show cause to get more child support from me. She claims that she is now going to school to get a better degree, working only part-time, thus having less income. Her decision to go to school during day time, thus cutting her work day in half is purely voluntary. Before going to school, she was working full time with enough income that would not justify a new calculation of child support. She is currently paying me spousal support (in the same oder she is requesting it to be terminated because I remarried). Do I have to pay more child support because she decided on her own to reduce her income? By the way, by terminating spousal support paid to me, she would also increase her income...
Second, I read that it would be possible for me to totally terminate child support based on the fact that she is being malingerer by using this ''half time work, going to school'' scheme. Is that true? Thank you.
1 Answer from Attorneys
Re: child support mdification
It is not true that you could terminate child support based upon her being a malingerer. The court can and should consider her ability to earn rather than her actual earnings because she is not working full time and has the ability to work full time. Spousal support terminated when you re-married as a matter of law. You should have your judgment and your ex's motion reviewed by an attorney. You may owe her the money that she has given to you for spousal support. Good Luck, Pat McCrary
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