Legal Question in Family Law in California

custody and support

I have sole legal and physical custody of our only child. Since I was/am the higher income earner, I was ordered to pay spousal support. My ex was working but quit. Now she will be going to jail/prison as well. Should I request a modification of support? Should she be required to pay child support even if in jail/prison?


Asked on 2/27/07, 6:24 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: custody and support

Should request that spousal support be set to 0 as she no longer has a need for support. If she is in jail/prison she will have no income. Requesting that she pay child support would be a futile request.

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Answered on 3/11/07, 11:12 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: custody and support

You should file for a modification of spousal support as she will not need support when she is in prison. You will not get child support since she has no ability to earn and therefore cannot pay. There is a appellate case that deals directly with a parent in jail not having the ability to earn. I recommend that you retain an attorney so that your final order will be the greatest protection available to you. Good Luck, Pat McCrary

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Answered on 2/28/07, 11:13 am


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