Legal Question in Family Law in California

support

I lost my job last year, and have started my own business. My child support payments plus $300 spousal suppport are currently more than my income, and have been borrowing money to make payments. I had a hearing without counsel, to try and get payment lowered (it is $1,200 (my current income). The judge told me to get a job and basicaly to forget my own business which I am trying to build up and have time and resources invested in, but it is taking longer than I thought.. My current wife is ill and cannot work full time. We have another hearing coming up soon (and I am looking for another position), but what are the criteria for getting support lowered and what happens if your income is unfortunately not what it was when the order was made. I understand my obligation to my two children, but how does that tie into my current wife. She basically was subsidsidizing my child support payments, because we lived off her salary but now that she is ill, I would like to help her also we are in danger of becoming homeless (we live in a high rent community). What points could I make at the next hearing to get it lowered. The spousal support goes for another year and a half. .


Asked on 6/06/01, 11:34 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: support

The points that you are making are good points. The judge wants you to find employment and you say that you have been looking. Show the judge how you have been looking. Provide a list of all employment that you have applied for, including dates and how the contact was made (i.e. by phone, walk-in, sending resume, etc.) Also, have a business plan available for the business that you are now starting showing when you expect to be earning a reasonable income. In order for the judge to impute income to you (based upon your previous earnings) the judge must find that there is employment with those earnings available to you, if he fails to make that finding, based upon evidence before him, you have a very appealable case and his ruling will probably be overturned on appeal. You must present your case succinctly and then be open to the judges questions. All of your testimony and documents must be filed with the court prior to the hearing, so that the judge will have an opportunity to review the information. It is difficult for an attorney to remain focused on his case as it is presented to the judge (remember you will have only a very short time to present you case) it will be even more difficult for you because you are also emotionally involved in the case, and have very limited experience in front of this judge. One of the values of an attorney is that he will be familiar with the judge and should know what the judge will want to hear and what the judge won't care about hearing. Judges are human and they are each unique. They must follow the law, but the fact have to be presented to them in manner that will get their attention and the points you want them to hear. You should get a consultation from an attorney that knows the judge. You may save 100s of dollars per month and pay off your attorney's fees within a few months from the savings. Since the judge may make the order retroactive to the date that you filed your motion you might pay off your attorney's fees from your savings for the retroactive period. Good Luck, Pat McCrary

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Answered on 6/28/01, 12:01 pm


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