Legal Question in Family Law in California
In my MSA, it states that I am supposed to pay child support and alimony on a monthly basis, starting April 1, 2008 and continuing monthly thereafter. My ex is stating that I am late with alimony if it is not paid on the first. I pay her a substantial amount in child support and cannot afford both at one time. Any advice? Am I late if it is not paid on the first?
1 Answer from Attorneys
Yes, technically you are late under those terms. If you were to request a modification to the 1st and 15th, however, it would basically be a slam-dunk winnner motion, unless there were some very unusual issues that don't appear in your question. So you might want to ask her to stipulate to a modification, and if she refuses, go to court on an OSC to modify it and ask for sanctions for her unreasonable conduct.
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