HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > FAMILY LAW > Alimony & Spousal Support
Reload this Page Ex parte to modify temp spousal support?
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-16-2008, 02:30 AM
Junior Member
  
Join Date: Oct 2008
Posts: 18
Question

Ex parte to modify temp spousal support?

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.
Reply With Quote
  #2  
Old 11-16-2008, 07:35 AM
Senior Member
  
Join Date: May 2004
Posts: 33,549
Quote:
Originally Posted by BSTEPP View Post
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.
__________________
in vino veritas
Reply With Quote
  #3  
Old 11-16-2008, 08:03 AM
Member
  
Join Date: Aug 2008
Location: Virginia
Posts: 293
The best you can probably hope for is for the downward modification to be retroactive back to the filing date.
__________________
"Hell hath no fury like the vast robot armies of a woman scorned." -- Futurama
Reply With Quote
  #4  
Old 11-16-2008, 04:58 PM
Junior Member
  
Join Date: Oct 2008
Posts: 18
Question
Quote:
Originally Posted by LdiJ View Post
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.
Reply With Quote
  #5  
Old 11-16-2008, 05:01 PM
Junior Member
  
Join Date: Oct 2008
Posts: 18
Quote:
Originally Posted by thedoctorisin View Post
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.
Reply With Quote
  #6  
Old 11-16-2008, 05:38 PM
Senior Member
  
Join Date: Apr 2007
Location: Somewhere over the rainbow
Posts: 6,095
Quote:
Originally Posted by BSTEPP View Post
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.
__________________
CC's rule of life #1.2:

Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad.
Reply With Quote
Reply

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 01:58 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.