Legal Question in Family Law in California

(California) My husband has been unemployed and not receiving any income since December of 2011. Him and his ex wife have always handled child support out of the courts and on their own since the original child support order. The daughter he pays support for turned 18 in January, but the order says he has to pay until she's 18 or graduates high school. However, he needs to know if he is obligated to pay support for the time he hasn't been receiving income, which has been since December 2011 and if he's required to pay that back when he gets a job? If so, how is it determined what he would owe if he hasn't been receiving income and has nothing to base it off of? His ex seems to think he owes her back support for the months he has had no income and has been unemployed due to no fault of his own.


Asked on 3/06/12, 9:23 am

2 Answers from Attorneys

The ex is right. He has a right to have the support reduced or eliminated based on his unemployment, but only if he files for a support modification order from the court. The order can only be retroactive to the date he files, so he needs to file immediately. He already owes back support for three months, and back support is charged interest at 10%.

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Answered on 3/06/12, 9:26 am
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

He is liable for the amount of child support ordered by the Court until he obtains another order. He needs to file an OSC for a modification of child support immediately! That interest is horrendous, and being in arrears could kick in all sorts of nasty surprises. For more information, visit http://www.ellifritzlaw.com

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Answered on 3/09/12, 8:38 pm


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