California  |  Family Law

Legal Question

Asked on: 3/16/10, 11:47 am

Childsupport Arrears: I just received a OSC for modification of childsupport. I am the plaintiff in the case. The NCP owes over $114,000 in arrears.($85,000 is owed me.) He filed this motion on the day of a contempt hearing. (this is his 3rd contempt) This current contempt has been going on for 2 years now. He is currently ordered to pay $450.00 a month towards those arrears. He only pays on his court days.(not in full). Now he wants to lower the amount, crying poor me! The DA sent me a response and an income statement to fill out. QUESTION: Does my current income need to be taken in consideration being my kids are now 22 and 25 and on their own. This is for arrears only. There is no order for current support. Am I correct in saying he should be paying at least the interest in these arrears? This is with the Santa Clara County Childsupport Division in California.

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