Legal Question in Family Law in California
There was a judgment in my divorce case today. The supported party was awarded an amount that is 52% of my net salary. Can I claim financial hardship? I reside in the state of California. I thank you in advance.
1 Answer from Attorneys
Typically spousal support and child support can be large payments and it can create a financial hardship for individuals. However the dissomaster which calculates the amount already takes into consideration what is the net spendable income and what the party can pay. You can claim hardships but there are only a handful of legal ones that actually work. When they do a wage assignment against you, they are only allowed to deduct not more than 50 percent of your paycheck to pay the wage assignment. It would be adivseable to spend some time with a local attorney to go over the numbers and see if teh amount calculated was incorrect or if there were deductions that you qualify for.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
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San Jose, CA. 95126
http://www.jameschaulaw.com/
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