Legal Question in Family Law in California

alimony modification

I filed for modification of spousal support that I pay to my ex-wife, since my income has been cut by 50% this past year. We have a court date in 10days. She has been served and Proof of Service is on file. She has called me about it, so I know she received all info. She has not yet filed any response or filed Income Expense. What happens if she does not show up on the court date? Is is automatically in my favor? If she does not file anything will it be in my favor?


Asked on 1/14/05, 5:11 pm

1 Answer from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: alimony modification

You MUST take your proof of service into the court and it better not be signed by you, but by a disinterested third party. I hope I am not sounding harsh, just trying to clarify what you will need to win assuming she does not come into court.

Even with this proof of service, you need to prove your case. It is not an automatic win for you. So be sure you show the court PROOF of your lowered income. Then the judge will use his discretion to decide how much of a reduction to give you.

Expect the judge to give you about five minutes, ten minutes tops to prove your case.

Again.

Step one. Have proof of service ready to show the judge. (It should already be on file with the court but take a copy with you just in case. You would be horrified to find how many times these prooofs of service even when filed, get lost.)

Step 2. Prove your case. Bring in evidence of your reduced income and explain by it is a hardship on you to continue paying. O, and by the way, if you have any evidence that the mother has a good income, make sure the judge knows that too.

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Answered on 1/14/05, 5:24 pm


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