Legal Question in Family Law in California
Child support while on workmens compensation/ dissabillity
Do I have to continue to make child support and alimony payments while
collecting workmens compensation or dissabillity? And what do I have to do to
make the changes if any?
2 Answers from Attorneys
Re: Child support while on workmens compensation/ dissabillity
Your support order doesn't change until the judge in the family law case makes a new order. If your income has changed due to disability or unemployment you must file a motion for modification and personally serve the other side. The forms are available on line or from the clerk. You need an Income and Expense (I & E) form as well as the motion and application forms and blank Responsive Declaration and I & E to serve with the motion. Don't delay in that the support can only be lowered from the date you filed your motion.
Reply: Child support while on workmens compensation/ dissabillity
In a general sense, if there has been a change in your circumstances, you need to file an OSC seeking a modification of the underlying support orders.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com