Legal Question in Family Law in California
I need help. I'm a single mother with limited income. My former spouse is a self employed contractor who is claiming he is out of work. He is requesting to have child and spousal support modified which is currently $397/child and $703 spousal. I offered to modify it to $0 spousal support until he gets back on his feet again. Although he shows signs of NOT struggling by going on trips to the desert with his toys and having the funds to pay for gas, food, and lodging and also to pay to litigate support issues yet cannot pay child support as well as spousal. He is offering to pay $400 total so I request it be $400 child and $0 spousal. I'd prefer to stay out of court if possible. Spousal ends in 2012. His attorney just sent me the stipulation to sign and I want to make sure what I am signing is correct. The spousal paragraghs states $0 support until 10/31/12 but it does not indicate until he regains gainful employment once again. Should this statement be added or will it hurt me in the long fun if it is not added or can spousal be modified again at any time if it does not state this and I sign it? Thank you for your assistance. I appreciate any help I can get at this time and would like to know how this document should be worded. I do not have the funds to hire an attorney at this time. I can email copy of stipulation if necessary. Also we were divorced on 5/21/09 at which time he claimed his income was $8000/mo and now claims $2000/mo which is half of mine. My income is trackable, his is not because of working for cash and hiding income a/c of self employment.
1 Answer from Attorneys
It's always tough dealing with a deadbeat ex who works for themselves and/or for cash. If you'd rather take what he's offering than persue it, though, just be sure that the document states that the court "reserves jurisdiction to modify spousal support."