Legal Question in Family Law in California

Mother going thru crisis need help A.S.A.P

Since my divorce, two years ago, I have been strugling to keep my business (Importing / wholesale)and raise my two daughters 6 years old and ten years old, sharing 50/50 custody with my ex husband. A few months ago I had to make the decision to close my business and look for a job. Since them I haven't been able to keep my jobs because of my ex husbands last minute business trips. This month my landlord asked me to move out of my place, and because of my poor credit rating and profit losses, I don't have a place to go. When I asked my ex husband for help, he said he would take the girls until I hade everything organized again. My girls are very upset about it and I am wondering if I should ''ex parte'' on child modification, so my ex husband, that definetely has the resources, could help me thru this crisis. Do I have any chances?


Asked on 6/18/06, 2:30 am

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Mother going thru crisis need help A.S.A.P

You obviously could not afford to take off work every time your ex needs to go out of town. Why didn't you find a child care provider at his expense? I would suggest that you ask him for some compensation for the time and/or a loan against future support (I presume he pays support). Child support modification is never granted ex parte. If he isn't willing or able to help you you should look to other family or friends or apply for aid. DO NOT change the time share even if it means taking your children to a campgrounds. If anything you should ask for more time and therefore more support. The application need to stress his inability to be available for his half of the 50/50 time not your inability to live on the support based upon 50% time share. If you file your motion now the support may be changed retroactive to today when you finally get it. If your landlord has not actually evicted you stay until he does. This is no time to be a nice guy. You should talk to an attorney about it if you need tips on how to stay for months.

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Answered on 6/19/06, 1:12 pm


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