Legal Question in Family Law in California

I just recieved a order by default judgement for a modification to my child support. I was getting 386.00 a month for three children ages 8,7,5. Now the order is $1,787.00. Father and I tried to come to an agreement on a good number but he threatened me that if they order anything higher than the 386 then he will just quit his job and go on welfare or see if he can relinquish his rights financially to the kids.. now I already know he can not sign off his rights but can he request a modification again if he quits his job or dissagrees with the order because our judge was very upset that he wasnt there and doesnt seem to be concerned that he will only be left with 600 to live off of. I really need his help and am worried this will be a modification filing after modification filing.


Asked on 8/14/12, 9:54 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

He may file a motion to modify, but it is unlikely he will be successful. He will have to show a change of circumstances for the court to hear his motion. Quitting his job to avoid child support payments normally results in jail time, and the court may continue his support at the rate it would be based on his ability to earn. The result of his proposed course of conduct would be unpleasant. In addition to jail time all of his licenses such as drivers license and professional licenses would be revoked. The department of child support services should provide assistance in resolving this issue.

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Answered on 8/14/12, 11:13 am


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