Legal Question in Family Law in California

My Husband is not a Dead Beat Dad

My husband left a well paying job to pursue a more noble and less prosperous career, because his income was diminishing, he was gone the 1st 3 months of the year so he was unable to see his son and because his son was experiencing some significant problems in school he felt it was more important than ever to spend more time with him. My husband and his ex-wife had always been able to maintain an amicable relationship they modified their agreement verbally now she has gone to the DA to demand back support and it seems he has been found guilty before we have even had a chance to respond his wages have been garnished and other threats of property leins taxes intercepted and so on have been made. My husband is not a dead beat DAD he has always made large monthly payments and has always maintained visitation do we stand a chnce of getting the decree modified. PS I make a very good living. Does that matter


Asked on 12/28/00, 8:39 pm

1 Answer from Attorneys
Michael Gray Barber & Gray, LLP

Re: My Husband is not a Dead Beat Dad

The problem is proving that there was an agreement to modify support. Was there anything in writing? Your husband has a right to go to court to contest the arrearages but obviously if it is just his word against his ex's word the judge may not believe him. In any event he should go into court to modify the support if his diminished income will continue. Your income is not a factor in determining his support obligation.

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Answered on 12/31/00, 11:08 am


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