Legal Question in Family Law in California

My ex has been going to the University of Phoenix for a year now and stopped making child support payments. The classes she is taking are strictly on line and can be done anytime during the week. There is no need for her to be physically in a classroom. Is this grounds for not paying her support? I have recently filed in the court a contempt charge against her with a hearing date on 10/15. I was hoping to get some advice on what to expect when she uses this as her excuse for not paying.


Asked on 10/03/09, 9:31 pm

1 Answer from Attorneys

Even if she enrolled full time at Stanford, the burden is on her to go in for a modification of support. By not asking the court to change the support, she owes the back support. The fact that a course is online doesn't mean it doesn't require a significant time commitment. Again, though, the burden is on her to prove how much time it takes and whether or not it interferes with her ability to work.

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Answered on 10/04/09, 2:58 am


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