Legal Question in Family Law in California
Real Estate Equity Protection
I recently made a decision to put my house up for sale and to relocate to a state where the cost of living isnt as high as in California, and upon the notice which I gave to my ex and my children of this, I receive these legal proceeding documents. It is my suspician that he expects to get some of the proceeds from the sale of my home to pay for either the arrearages which I owe(I never went back to court to get a modification after losing my job) or to get a new order established by these current proceedings. I am a little confused because the current lawsuit makes no mention of the previous order originally entered for child support to be paid him. Can he get this kind of award from the courts, and will the court order me to pay even if I have no income and when I don't enjoy visitation it isn't due to me cancelling but due to my childrens objections and not wanting to come, prompted by ex hubands influence over them.
2 Answers from Attorneys
Re: Real Estate Equity Protection
I do not know what the court documents say so it is hard to answer your questions. I suggest you seek the assistance of a lawyer or re-read the documents and e-mail me with the specifics of what they say.
Thank you for your question-Martin
Re: Real Estate Equity Protection
You do not mention what the motion contains, but yes he can require all back support to be paid out of the sale of the house. Even if you do not work you can be required to pay support based upon your ability to earn, if you didn't file a motion to modify the order, you will owe the amount of the original order. You should talk to an attorney so that he can review the motion and advise you of your rights. My bet is that he would pay for himself with your savings. Good Luck, Pat McCrary
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