Legal Question in Family Law in California

I have been contacted, by mail, that my ex-husband has hired an attorney. Supposedly, he said he is taking me back to Court for Modification of Alimony. He said his Attorney filed papers during the week of January 25, 2013. I have heard nothing yet; in the mean time he has paid no Alimony and I am living off of $351.00 a month for the last two (2) months. My question is: should I wait to be served papers, or should I go ahead and file for ? so that I can get some money to live on until or instead of that Court Date----I filed "Contempt" before but stopped it because he straightened up before that; plus, if he goes to jail no one gets paid any money. Should I go first and file and what do I file for?????


Asked on 2/11/13, 3:15 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

I would suggest that you set up an appointment with an attorney and before going to the appointment go to the court to obtain copies of the motion to modify the support. Support is a very complex issue and you will need an attorney.Do not file without an attorney consultation. The fact that he has filed a motion does not give him the right to reduce the payments before a judge makes the order.

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Answered on 2/12/13, 8:15 am


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