Legal Question in Family Law in California
child support modification
i am a disabled veteran and have joint custody of my son. As of July 18,2003 it will be 3 years since I have had contact of any sort with my son. For the past 4 years my ssi disability has been garnished for back support I am 100% disabled. Is there any way I can get the past amount due removed since I have not been allowed any contact with him? I do not even know where he is living as they have moved and I was not notified. Could I file ex-parte? Would that release me from any financial obligations?
2 Answers from Attorneys
Re: child support modification
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Unfortunately, the time to seek a modification of child support is when there is a "change of circumstances." It is very difficult to get past due child support eliminated. Also, you should know that in CA the more time you spend with the child the less you pay in child support. HOWEVER, mother's with-holding the child from you is NOT justification for not paying support. Contact an experienced Family Law attorney in the county where the arrearage is being collected for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: child support modification
if you can email me the specifics of your case, as well as where you and/or your child is located to the best of your knowledge, i may be able to assist you in what you are trying to accomplish.