Legal Question in Family Law in California
I have been separated for 4 years. The divorce was final Dec 1 2009. We have 2 minor children. My ex husband is an alcoholic who has been in and out of detox and sober living facilities for 4 years. He has had a DUI and a DIP. We originally had joint custody with me being the primary custodial parent. In our Divorce it is stipulated that if he is drinking I have 100% legal and physical custody.
After his latest relapse he was kicked out of sober living and suspended from his job without pay. He has since moved out of state to live with his parents. He currently owes $2600 in past due child support and alimony. He has just filed a release of support/change of circumstances with the courts. I have not been served with this yet.
We also have a 19 year old son who lives with me. I am working 2 jobs and can not afford to support all of us on my own. I am currently selling possessions to be able to pay rent until my lease is up on Jan 1 2011 and then I am looking to relocate out of Orange County to a more affordable community. My ex husband has created this financial hardship through his drinking and irresponsible behavior and has now lost his job because of it. I have a copy of the letter from his job confirming the reason for his suspension. I do not know what my next step should be. My ex husband is living for free at his parents house while trying to "get sober" for the hundredth time. I do not feel that he should be able to not pay any child support and not have to pay it back if/when he does manage to find work or hold a job. Any advice as to what legal steps are available to me would be appreciated.
1 Answer from Attorneys
He is entitled to file a release or reduction in support payments based upon changed circumstances. You will be served and the issue must be discussed in front of a judge before it can be official. UNTIL THAT TIME, your ex is absolutely responsible for paying the support. If he does not, you have the right to bring that to the attention of the court. He could be arrested. Think carefully about the consequences as in jail he would never pay. Your 19 year old should be encouraged to help out...he is old enough...and beyond support orders as he is over 18, unless the support was to pay for him if he went on to college.
you can and should get an order for him to pay what is arrears, and you should file this so you can recover the money when and if he starts working again.
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