Legal Question in Family Law in California

Can I request emergency hearing to increase spousal and child support?

Also, can I subpoena records from outside parties to prove ex husbands income?


Asked on 4/29/11, 7:34 am

1 Answer from Attorneys

Yes if it is a true emergency. If you are already getting both spousal and child support, however, you will have a hard time convincing a judge you cannot get by until a regularly scheduled hearing. If there really is an emergency, though, you can get an order shortening time for the hearing. If the emergency is that he is earning more and you don't want him to get away with paying less than he owes, however, forget it. A modified support order is almost invariably made retroactive to the date the motion to modify is filed, so there is no rush for the hearing. And yes you can subpoena records to prove income, though if you are not represented by an attorney you will have to have the court issue the subpoenas. You would talk to the Family Law Facilitator at the court about how your county handles issuing subpoenas for use by pro per parties.

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Answered on 4/29/11, 5:49 pm


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