Legal Question in Family Law in California

Shortly after I filed for child support, my exhusband was terminated from his job due to a suspended license from a DUI. I closed the child support case but still have a hearing scheduled for next week. The only existing support order in place makes us each 50% responsible for tuition and medical expenses. He is not currently paying for any tuition expenses but is paying for some of medical.

Could the courts order that I pay 100% tuition until he finds a job? Could they order I pay him child support? Could the courts lift the suspension on his DL?�

I was thinking about removing the hearing from the calendar but could he contest that? Or asking for a continuance...can I do that?


Asked on 10/24/12, 2:16 pm

1 Answer from Attorneys

Kendra Thomas Thomas Law Offices

If the hearing goes forward, it is possible the California state guideline child support numbers will be run at the current time share (the actual time each parent spends with the child) and at the current income of both parties, if after performing the calculation, guideline support dictates that you pay him, the court may entertain making such an order. The burden would then be on you to explain why you do not believe you should be responsible for the payment of support.

If his license is suspended because of a DUI, the child support court would NOT have any jurisdiction to overrule that suspension.

There are a couple of different considerations that go into the court ordering tuition. Again it is possible that if the court finds great economic disparity due to your ex losing his job, they may not order him to be responsible for tuition at this point in time.

You have legitimate concerns about having support adjusted right now. So, it may be to your benefit to have the hearing continued. However, if your ex has placed a response on file, he may disagree to a continuance. Many times a courtroom or the Department of Child Support Services will allow a hearing to be moved out if the parties are in agreement. An agreement may not be necessary if your ex has not responded and/or filed the appropriate paperwork. So, if your ex agrees, it may be as simple as making a few calls. However, if your ex is in disagreement and has done everything to show the court that he is ready for the upcoming hearing, then you may find that you do not have the ability to continue and/or move the hearing.

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Answered on 10/24/12, 2:30 pm


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