Legal Question in Family Law in California
Support payments
When a divorce has been filed by a man, but put on hold due to the discovery of his wife's breast cancer,is he still required to pay child support if he is fired from his job but has savings and investments?
Asked on 10/20/04, 2:15 pm
2 Answers from Attorneys
PATRICK MCCRARY
PATRICK MCCRARY
Re: Support payments
Loss of employment is a change of circumstances and the court would modify the support order based upon the current income of the Father. The effective date of the order cannot be before the date of filing of the motion to modify, so it is important to file immediately. Good Luck, Pat McCrary
Answered on 10/20/04, 3:25 pm
Frank Rozanc
Frank J. Rozanc, Esq.
Re: Support payments
Payments must continue until the divorce is actually dismissed. She can send it back to him, but her illness is no legal reason to suspend the order.
Answered on 10/20/04, 2:31 pm
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