Legal Question in Family Law in California

Modification of Child Support

My finace has jsut lost his job. His current child support order is based on earnings from 9 years ago when he was making 50,000 more than he was before he was laid off. How can we find out what his new payment should be. One child age 11, ex-wife works but not consistanly. What are his options?

Thanks

Annie


Asked on 11/30/05, 12:49 pm

4 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Modification of Child Support

He should file a motion to modify child support immediately. Support continues to accrue at the court ordered rate until it is modified. Child support that is due and owing cannot be modified prior to the date on which a motion to modify is filed with the court. Child support is determined by use of an authorized child support calculation program. These programs are available at the loca court house, where child support cases are heard or there are websites that charge a small fee to run the calculation. Also most attorneys who do family law cases have access to such a program.

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Answered on 11/30/05, 1:19 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Modification of Child Support

In a general sense, your fiance should IMMEDIATELY file an OSC Re: Modification as his support should be lowered as a result of the termination of his employment. The sooner he files, the sooner he gets relief. There are a number of places on the internet that offer California guideline child support calculations, including my web site.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/30/05, 1:25 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Modification of Child Support

OSC to Modify Support. Please call me directly at 16192223504.

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Answered on 11/30/05, 2:27 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Modification of Child Support

Anytime there is a change in circumstances, the family law court has jurisdiction to modify the existing support order to reflect the changes accordingly. The proper court procedure here would be to have the financial obligations reduced thru an OSC hearing (order to show cause). At this point, a new dissomaster "reading" will give your fiance his new reduced support payments. If you would timely, straightforward and VERY affordable assistance in this matter, contact us directly.

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Answered on 11/30/05, 3:28 pm


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