Legal Question in Family Law in California

Hello,

My ex cut the kids child support in half, $2200 to $1100 monthly. I filed with CSS after he would not submit his "promise to pay" in writing. Then he was some how able to afford an attorney, after filing BK and took me back to court. The judge dropped the child support further to $206.00 monthly. He maintains his lifestyle (3 cars, gardener, maid, pool man, etc.) I am now unable to afford our home and the kids and I will need to move to an apartment. Work has been consistent, though insufficient to cover the $2000 less monthly, which was most of the mortgage ($2177 + 510 HOA), He continues to pay for my daughters dance in lieu of CS, but this is out of balance, as apparently then he can't pay CS or for our son who needs braces, etc.


Asked on 1/20/11, 9:39 am

1 Answer from Attorneys

James Chau Law Offices James Chau

Child support matters are extremely complex and there are many variables for why the judge decided to reduce the child support amount. It may be that the timeshare has changed or that he has a reduced income or that you have an increased income. Those are just one sample of the things that can affect child support.

Your best bet would be to have an attorney consult with you for a few hours to discuss your case and determine if the court miscalculated the modified child support amounts. If it is incorrect then you can try to get back into court again to modify it up to the correct amount.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com

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Answered on 1/25/11, 5:33 pm


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