Legal Question in Family Law in California
Hi! i was a stay home father! my ex -wife still in the Navy! we were together for 12 years married 7!
on feb 12 2008 she told me she was Not Happy! she told me she neeeded time off ! she told me it was temporary! so i left to my parents house! one month later she told me i need to sign some papers so she would not loose housing so i did ! i did anything she told me! because i wanted her Back! 2 months later she send me divorce papers! i told her i din't want a divorce! she was giving me false hope! some time she will tell me i don't have to sing any papers! i was wrong! she got re married one month after we got Divorce! i guess she was seeing this man wile we were together! now childsuport is telling me i ow 12000 dollars! is like i'm paying for her mistake's! i stay @ my parents house! i only work 3 hours a day! i don't even have money for my self! she's the one who left me! is not fair! she told me if i don't want to pay! i have to give the rites to her husband! Not only i lost my wife my kids and she wants to take my last name to! please please help me!
1 Answer from Attorneys
Nobody can take away your kids if you do not allow it. Your arrears seem high, but you may not have modified it if you actually are earning less income than when the order was set. You should pick up the pieces and try to deal with the arrears as quickly as possible, perhaps try an negotiated amount to see if you can pay it off on a settlement amount. The interest will accrue at 10 percent a year. If you are working less then you should quickly modify the support amount to reflect the lower income, however, you will be required to continue to see full time employment. You should consult with a local attorney to see how they can try to fix your case.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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