Ex parte to modify temp spousal support?

[BSTEPP]

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

Can you request a modification of temporary spousal support through an ex parte? The supporting party has a $20k/yr pay cut effective this week. The clerk stated an OSC wouldn’t be able to be scheduled until around the end of January.

 

[LdiJ]

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

Can you request a modification of temporary spousal support through an ex parte? The supporting party has a $20k/yr pay cut effective this week. The clerk stated an OSC wouldn’t be able to be scheduled until around the end of January.

An ex-parte is for an emergency. Its not very likely that a judge would be willing to hear a case like a support modification on an emergency basis. Its more likely that a judge would prefer to hold a full evidentiary hearing.

 

[thedoctorisin]

The best you can probably hope for is for the downward modification to be retroactive back to the filing date.

 

[BSTEPP]

An ex-parte is for an emergency. Its not very likely that a judge would be willing to hear a case like a support modification on an emergency basis. Its more likely that a judge would prefer to hold a full evidentiary hearing.

Even though the temporary support is collected through a wage garnishment? Petitioner will be unable to meet all of his bills now unless the temporary spousal support is immediately lowered. There is no extra money to cash in on to pay all the bills until this case finally goes to trial in February. An OSC can't be scheduled until the end of January or beginning of February. Is there a way to have the hearing date shortened?

Thanks.

 

[BSTEPP]

The best you can probably hope for is for the downward modification to be retroactive back to the filing date.

That's what I was afraid of. It's just waiting the 2-3 months for a court date without having any extra funds to pay the bills. I didn't want to be out the extra filing fees if there was no way a temporary spousal support modification would be heard through an ex parte hearing.

Thanks.

 

[CourtClerk]

Even though the temporary support is collected through a wage garnishment?

Yes, even though. As you've been told, ex partes are for emergencies, and this is not an emergency. You know... those things that can cause injury or death.

You file an exparte and you'll be in court in January anyway, because the hearing will be continued until then.