• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to respond to a modification request?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

BaxWho

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

My ex was always late with the payments, so I decided to file an online application, but never did because though he was late, was still paying up until March. I never submitted the application, but when I went back online in June, the website said that completed, unsubmitted application, were automatically submitted and gave me the confirmation number. I have not received any response and in September, I called the CS agency. They told me that they never received an online application, even though I told them that I have a confirmation number of the submission. They told me that I should start from scratch and go into one of the office and submit a hard copy.

In the meantime my ex went on temporary disability and he said he cannot pay me. Then his disability was over and he went back to work. I had not asked him for money, but just 3 days ago, I received papers from court that there will be a hearing for a modification. He apparently used a law firm to fill out the papers. It states that he was on disability and now he is back at work, but not making nearly as much as he was making before and is asking for a modification. He is a home health nurse, where he can choose how much he can work and how much he can make.

Therefore, I don't know what I am supposed to do. He might not be able to pay the $600 he was ordered to pay, but he should still pay something. His mother is watching our child after school and I pay her my portion (which is supposed to be 1/2 of the total amount) I don't think he is paying her to watch our child, but I am continuing to pay her. He also stopped giving me money for the insurance premium that I get through my job. I am paying the full amount, though he has to pay 1/2 as well. We also share her tennis lessons and piano lessons.

So, what should I do? How do I respond? or do I just show up in court?

I would appreciate answer from those who actually went through similar situation. Thank you!
 


Tex78704

Member
If he is using an attorney, your best bet would be to retain an attorney to review and handle this request for modification.

An attorney experienced in child support would likely make a stronger case for squeezing the most out of your ex (that he should rightfully pay both in unpaid arrears and future support) than you probably could, which would more than offset your legal costs in the long run.

If he is able to choose his hours and resulting income as a home health nurse, a good legal kick in his rear may encourage him to work a few more hours to pay what is due his child.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top