CA - laid off - support changes ?

[twopeas6572]

What is the name of your state (only U.S. law)? California

I recently was laid off from my job, and have been paying Alimony ($220) and Child Support ($469) each month. After looking at current personal budget, it is going to be impossible to pay basic expenses in addition to support, even with unemployment (max of $450 per week).

I have filed for modification of visitation and support, but the FCS hearing is not until December and the subsequent modification hearing is in January. Motion is retroactive to Sept 1st (last payment)

Other than asking my ex to allow me to stop payments until the court hearings, is there any recourse (exparte or ?) that will allow me to have any modifications to support payments now as opposed to December/January ?

On a brighter note, my ex has agreed to allow 50/50 visitation now that I do not have a firefighter shift schedule. This started last week.

Thanks for the help.

 

[Isis1]

What is the name of your state (only U.S. law)? California

I recently was laid off from my job, and have been paying Alimony ($220) and Child Support ($469) each month. After looking at current personal budget, it is going to be impossible to pay basic expenses in addition to support, even with unemployment (max of $450 per week).

I have filed for modification of visitation and support, but the FCS hearing is not until December and the subsequent modification hearing is in January. Motion is retroactive to Sept 1st (last payment)

Other than asking my ex to allow me to stop payments until the court hearings, is there any recourse (exparte or ?) that will allow me to have any modifications to support payments now as opposed to December/January ?

On a brighter note, my ex has agreed to allow 50/50 visitation now that I do not have a firefighter shift schedule. This started last week.

Thanks for the help.

legally, you still owe the money. now, because there are some circumstances where a motion like the one you filed have been denied where the obligor stopped paying until the hearing. this caused a a large amount of support to accrue. which would really be a pain. you taking a chance in not following your court order, may put you into a bit of a bind until you are fully employed again. there are some instances where the support went unpaid and the judge granted the motion and the arrears "disappeared". what you decide to do, outside the court order, is ultimately your decision.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

I recently was laid off from my job, and have been paying Alimony ($220) and Child Support ($469) each month. After looking at current personal budget, it is going to be impossible to pay basic expenses in addition to support, even with unemployment (max of $450 per week).

I have filed for modification of visitation and support, but the FCS hearing is not until December and the subsequent modification hearing is in January. Motion is retroactive to Sept 1st (last payment)

Other than asking my ex to allow me to stop payments until the court hearings, is there any recourse (exparte or ?) that will allow me to have any modifications to support payments now as opposed to December/January ?

On a brighter note, my ex has agreed to allow 50/50 visitation now that I do not have a firefighter shift schedule. This started last week.

Thanks for the help.

Keep something in mind...because its important...

The judge is not going to reduce your child support/alimony to zero...that will NOT happen.

Therefore it would be very dangerous not to pay any support at all. It would be wisest to honor the court orders until they have changed, but you should at least figure out what your support would be if it were modified, and pay at least that much.

However even that is risky, because if you find another job before your hearing, making something similar to what you made before, your support will not get reduced. It would be foolish to deliberately not do your best to find another job before your hearing, also.

 

[Ohiogal]

Actually it is possible that he could get a temporary lowering of his support for the time he was unemployed if he does get work before the hearing. That can happen.

 

[Bali Hai]

legally, you still owe the money. now, because there are some circumstances where a motion like the one you filed have been denied where the obligor stopped paying until the hearing. this caused a a large amount of support to accrue. which would really be a pain. you taking a chance in not following your court order, may put you into a bit of a bind until you are fully employed again. there are some instances where the support went unpaid and the judge granted the motion and the arrears "disappeared". what you decide to do, outside the court order, is ultimately your decision.

Unless he agreed to pay the alimony, it's not HIS court order, it's the judges court order.

 

[ecmst12]

That is an idiotic thing to say. It doesn't matter whether he agreed or not, he was ORDERED to. So it's his order, it applies to him and he is obligated to follow it.

 

[Bali Hai]

That is an idiotic thing to say. It doesn't matter whether he agreed or not, he was ORDERED to. So it's his order, it applies to him and he is obligated to follow it.

If he was ordered and did not agree, it isn't HIS order, it's the judges order. He doesn't own the order, the judge owns the order and forced him to wear it.

You can try to cleverly spin it anyway you like, but, that's the reality.

 

[mistoffolees]

If he was ordered and did not agree, it isn't HIS order, it's the judges order. He doesn't own the order, the judge owns the order and forced him to wear it.

You can try to cleverly spin it anyway you like, but, that's the reality.

None of which has any bearing on OP's question, nor is it remotely useful to OP.

 

[Bali Hai]

None of which has any bearing on OP's question, nor is it remotely useful to OP.

Let's let OP decide the relevance and usefulness of the information provided.