Legal Question in Family Law in California

Is it possible?

My divorce has not been final yet, but at the present time i have been ''pick-pocket'' by my soon x-wife, I couldn't afford an attorney, so I represented my self, so as you can tell I didn't know anything about anything, at the court hearing, her attorney, made me sign papers I didn't understand, but one thing I understood is that I have to pay nine hundred+ dollars amonth in child support, we have three children, that I don't mind paying, but I also have to pay twentyfive percent of my overtime pay, any medical if the kids go to hospital, my job doesn't have any health insurance, not even for me, also for child care, and a whole lot of other things, I don't make but twentyfour hundred a month. She has a job of her own, she makes good money, she has full custody of the kids, she is also moving out of state, in late november, my question is, if where she is moving to, the living xpenses are less than the ones here, can I file for a reduction of everything? I don't mean to sound selfish, and I understand that it is for the children, but I also have needs, and my means are not sufficient for everything. Please help me.


Asked on 10/08/02, 10:16 pm

2 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Is it possible?

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 --

If you can show a "change of circumstances" you can obtain a modification of future child support (retroactive only to your date of filing your application). This time, use a lawyer. It will save you money in the long run.

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

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Answered on 10/23/02, 5:35 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Is it possible?

A modification is certainly possible here, and at the very least you should have a family law attorney consult with you for an hour or so to tell you what the law requires you to pay--I suspect you may be overpaying here. Part of the reason is that you do not have any custody of the children--that skews the numbers heavily in your ex-wife's favor, and she and her attorney used that against you. The money you would pay for an attorney evaluation (if any) would be well worth it.

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Answered on 10/09/02, 12:24 pm


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