Legal Question in Family Law in California

As of June I am an unemployed teacher and was wondering how can I lower my child support payments while I'm looking for a work?


Asked on 7/28/10, 9:25 am

4 Answers from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

You have every right to request the court to reduce your support payments because you are on a lower income then when the payments were established. There is a well-used formula for determining the amount of the payment based upon respective incomes and respective custody times. You can manage this process yourself by obtaining the necessary forms from the court in your area. Find the formula on line and apply it to your circumstances so that you are operating according to proper procedure in terms of the amount you are requesting. Be aware that the other side has the right to petition for an increase at such time as your income goes back up.

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Answered on 8/02/10, 11:16 am

Also, move on this as quickly as you can. The court is prohibited by statute from retroactively reducing your support due to unemployment beyond the date you file. So every day you wait to file is another day of reduced payment you have missed out on.

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Answered on 8/04/10, 1:05 am

Also, move on this as quickly as you can. The court is prohibited by statute from retroactively reducing your support due to unemployment beyond the date you file. So every day you wait to file is another day of reduced payment you have missed out on.

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Answered on 8/04/10, 1:06 am

Also, move on this as quickly as you can. The court can order the support reduced retroactively only to the date you file the motion to modify the support.

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Answered on 8/04/10, 1:07 am


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