Legal Question in Family Law in California
Have court order to pay $750 per month in child support. Lost my job in Dec. have been receiving unemplyment. Currenty only paying $400 because that all I can afford. Could I get in trouble for this? Can my support ammount be teperairly reduced until I find another job?
2 Answers from Attorneys
Your job loss would constitute a change in circumstances. You should be able to use that to reduce the current order for support. When there is a change in income or some other change upon which to base a modification it is up to the parties to file something in court. If you do nothing you are stuck under the old order and in your case, you are accruing a back support obligation. You should file an order to show cause in court to modify the order to lower your support. Once you get the support order lowered, if there is a change of circumstances, such as your getting a job and making more money, the order won't change until someone (presumably your ex) files another modification.
If you are considering hiring a lawyer to assist you, feel free to contact my office or consult with another qualified attorney.
You need to file immediately. You are accruing arrearages of $350 a month at 10% interest and are at risk of having your drivers license suspended, among other very nasty draconian measures. The court cannot, by law, reduce your payment until you file. Once you file, the court can reduce it at the hearing retroactive to the date you file, but not before.