Legal Question in Family Law in California
Spousal support
My parents have been divorced 10 years. Dad was oredered to pay spousal due to moms disability, (no time frame was set). Spousal support was automatically taken from dads paycheck. Dad was laid off in 2004 and support ceased, not because he went to court to stop it but because there was no paycheck to take it out of. Mom is now taking him back to court for back pay. I understand he did not go through the proper channels but if he is still not working how can he get this reduced or stopped completely? He is 60.
1 Answer from Attorneys
Re: Spousal support
A support order can be changed only by the court. A motion to modify spousal support would have to be filed with the court. Spousal support continues to accrue at the court ordered rate until the motion is filed. He should seek legal advice from an attorney or a family law clinic.