Legal Question in Family Law in California
I was recently served a motion to show cause and modify child support from 270 mth to 651 mth. This is well over my ability to pay as I have 2 children from new relationship and arrears to pay as well from years ago when they improperly handled the case and were not garnishing my check for the correct amount. I went to the hearing 6/15 for this new modification request and was told that the reccomendation was $651 monthly for one child and I had 10 days to file a fl 685 and fl 150 with a response for motion to show cause. I feel I was railroaded at the hearing as I had already filled out an fl 150 and the court would not review it or call it as evidence. I am seeking a consultation and possible retainer for the right lawyer who is ready and willing to advocate for the non-custodial parent. I havn't had much luck finding a lawyer who wants to fight for the non custodial parent. I ahve been dealing with this case for 12 years and have never been given visitation and child doesn't even want to see me any more as a result. have been consistently garnished on a regular basis for the incorrect amount.
2 Answers from Attorneys
Having been the non-custodial parent who got screwed is why I started doing family law. Unfortunately I don't think I can economically handle a case for you in Monterey County. The fees for travel time would just be too much. I wish you luck.
Form FL 685 provides you the opportunity to present your side and explain why the amount of child support should be less than $651. Child support is determined by a computer program. There is some room for variation in the numbers inserted into the program. You can also request a hardship deduction for the children from the current relationship. The amount of child support in the court order is the correct amount of child support.
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