Legal Question in Family Law in California

child/spousal support

my husband receieved a supboena today re: more child support & spousal support. he has court this month. he has physical custody with her having the children about 25% of the time, as arranged. on the paper work filed re: spousal support it stated it was non-modifiable and jurisdiction would be terminated at that time. can she get more support when we go to court. child support 0 dollars were awarded due the children being with us most of the time. she has a boyfriend, which she claims does not live w/her, not working, a son with him and a daughter with another man living with her. why should my husband have to support all those people. can my husband ask the court to reduce more time children are with her, ''since she can't support them''?


Asked on 10/04/02, 7:13 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: child/spousal support

Without reading the statement it is not possible to determine whether or not spousal support can be terminated.

In regard to the child support. The court will not reduce visitation because of a lack of income. Rather it is more likely to increase support. The best approach is to convince the court that the court should allocate income to her based on her ability to earn rather than her actual income.

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Answered on 10/04/02, 8:50 pm


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