Legal Question in Family Law in California

Disabled F Adult receiving support has ''increase'' & ''marriage'' questions

I'm a disabled woman who receives support from father (sued him for it). My questions are: (1)How often can I file for an increase in the support amount? & (2)Can I get married without fear of my father filing to try to repeal or contest the amount of my court-ordered support? Any info or California Family Code referrals would be great. Thank you very much.


Asked on 12/30/02, 8:37 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Disabled F Adult receiving support has ''increase'' & ''marriage'' questions

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Cal Fam Code �3910. (a) The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means. (b) Nothing in this section limits the duty of support under Sections 3900 and 3901.

I would think that the procedure for modificaation of the amount of support would be the same as for a minor child. Getting married probably would effect whether or not you still were "without sufficient means." In that California is a community property state, I would think that your new husband's income and any community property assets would be considered.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 12/31/02, 12:47 pm


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