Legal Question in Family Law in California
I am a divorced woman of two children who both live with their father. I have paid child support ever since the divorce became final. It has always been based on my income. The father is married and has been since the divorce. He has always made three times my income. He recently lost his job and now is taking back to court to renegotiate my child support payments. He wants more money. He also has "separated" from his wife and is living with his brother with our children. I cannot afford to pay him more money. What can I do?
2 Answers from Attorneys
not much really but plead hardships which will be difficult to get it unless there is some unusual circumstances.
This answer should not replace the legal advice you should seek in an office consultation with an attorney skilled in California Family Law.
If your ex husband has the ability to return to work you can press the court to impute income. If he is really trying to return to the work and has not found a job, you can ask the court to establish a seek work reporting requirement where your ex will have to show in detail all his efforts to return to work. You may also want to review your current timeshare with the children. An increase in timeshare for you could impact a reduction in your child support obligation.