Legal Question in Family Law in California

My husband is on disability and can't pay his child support and I am unemployed, we have no income at the present moment and we are losing our home and will be homeless very soon... Is there a way that he can get his payments reduced so that we may be able to afford to pay our rent and other bills?


Asked on 11/12/12, 11:28 am

1 Answer from Attorneys

Absolutely. If the support case is being handled by the Dept. of Child Support Services, he should call them right away and ask them to send him the paperwork for a modification. If DCSS is not involved, he needs to immediately file an OSC or motion for modification to the support order. The amount owed continues to be due at the present rate and cannot be retroactively reduced back any further than the date he first files for a modification. So every day counts. Get it on file right away. If it is not a DCSS case, the family court has self-help services to help fill out the modification paperwork. Look on the court's website for your county's superior court.

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Answered on 11/12/12, 11:39 am


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