Legal Question in Family Law in California

I have two Children. I have been batling out custody with the mother for the last year. I pay Child Support to her & some Alomony. I have just lost my job. How do I address support issues to her or the court? Am I obligated to pay eventhough I am unemployed? I have never been late on pmts, but it's going to be very difficult to keep up with Child Support & other obligations. I don't anticipate it will be for a long time.


Asked on 2/04/11, 3:45 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

In this current economy it is very common for an individual to be paying support and then suddenly lose their job. You should file a motion to modify support right away based upon your loss of a job. That way the court can modify the support amounts to your unemployment benefits or other source of income you may be receiving while unemployed. You should not wait because the court has no authority to modify support amounts that accrue if you do not file a motion to modify support.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/05/11, 8:02 pm


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