Legal Question in Family Law in California

While I was in the mlitary on active duty I was ordered to pay by former spouse 1300 per month in child support. This amount was based on my housing allowance. When the divorce was finalized I no longer received the housing allowance at the married rate, but was only authorized to received the housling allowace at the single rate. Now years later, my former spouse is taking me back to court for back child support. What can I do? Am I going to be ordered to pay all the back support, or is there some way to prove that the initial order was not based on the correct pay that I was receiving at the time?


Asked on 6/01/10, 12:43 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

You have a tough situation. Although your income changed, you support amount did not automatically change.You should have gone back to court to make the modification. Now the court does not have jurisdiction to change the amount. I suggest you retain an attorney to help on this. It can be tricky. Good Luck, Pat McCrary

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Answered on 6/02/10, 8:32 am


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