Legal Question in Family Law in California
I have a court order that was signed 4 years ago. In it child support was defined as $xxxx.xx amount . There are 3 children and there was no break down as per amount of each child. 2 of the children have since reached the age of 18, but the Ex has never gone back to the courts to have the support reduced, he has arbitrarily changed the figures himself. He has been told that he needed to go back submit an income and expenses so new numbers for the remaining children could be determined.
After him failing to pay his required amount for several years now and since being convicted of felony stalking and then being sued for over $300,000 and paying that. His family law lawyer is saying that they shouldn't have signed the order and the courts should now roll back everything because the 2 older children have reached 18 and they never refiled.
Can they do this, he is over $40k behind in support going off the original numbers. I have tried several times and sent him the forms to refile and he wouldn't.
Any help please, court is next week and I have no money for an attorney anymore all my savings have been used to try to keep our home and support the kids.
1 Answer from Attorneys
When you go to court ask the judge to order him to pay your attorney fees, so that you can hire an attorney to represent you. You should consult attorneys today and try to find an attorney to go to court and help you with the child support issue. Also many counties have legal clinics or a list of attorneys that will assist you. You can request a continuance to allow you time to pursue some kind of legal representation.