Legal Question in Family Law in California
I am the custodial parent who is being taken back to court by the non-custodial parent to modify the child support order due unemployment. He is grossly in arrears of estimated $43,000. I was told by my case manager to fill out an income and expense declaration if I choose to fight this action. What is my recourse and what is this document used for?
1 Answer from Attorneys
The purpose of the income and expense form is to identify for the Court your expenses relative to your income with respect to supporting yourself and your child. The fact that the NCP is unemployed is interesting but not really a source of judicial sympathy. A modification may be allowed for a temporary period but the arrears are not likely to be forgiven. I would encourage you to challenge this request so that the court will have some practical reason for either denying the motion for modification or limiting the modification to a reasonable amount and for a limited period of time.