Legal Question in Family Law in California
Modification of spousal support due to unemployment
I have been paying spousal support on time since Sept 2003 - this is due to end Sept 2006 ($1000/month).
I have just found out I have been laid off - paid through the end of this month. I have already made this month's support payment.
I understand I can submit a request for modification of spousal support, but I'm not sure how to handle future payments when I am unemployed and not able to make payments?
I will also receive severance pay of 8 weeks salary - does my ex spouse have any right to demand support from this?
I don't anticipate a long period before I become employed again (max 3 months), if I got a job with a lower salary than currently, would I then submit another request for modification of support?
Is this process straightforward (i.e. can I do this without a lawyer?)?
Also, I now live in Michigan, whilst my divorce was through a Californian court - can I participate in the court case via phone?
One last thing - I am now remarried - will my wife's earnings come into play for modification of support?
Thanks for any info!
1 Answer from Attorneys
Re: Modification of spousal support due to unemployment
Was the Order part of a MSA? Move to modify spousal support, you'll need to have an attorney in CA appear on your behalf. Call me directly at (619) 222-3504.