Simplified Modification of Order for Child

[phakermat]

California is the state where my divorce proceedings take place with me as PRO PER.

I am seeking advice to see if it is possible that Child Support can be temporarily suspended. Any suspended payments will gladly be made in arrears, with penalties if necessary.

Unfortunately, due to my current unemployment and financial hardships, I am having very tough times. What I do bring in, through Unemployment Benefits, is just enough to cover my rent/utilities & food expenses. My rental is, by far, the cheapest in the area for what I get, and food wise, I never eat out, choosing to cook all meals at home and brown bag it.
Please note, I have NO intentions of sherking responsibilities where my son is concerned.

The beginning of next month will see my ex become the residential parent with majority custody (which is best for my son given my predicament). Currently, we are engaged in a 50/50 3-2-2 custody arrangement.
So, be all accounts and likelihood, my CS payments will increase.

Through the California courts self-help forms site I located form FL-390, "Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support".
Is this the proper form to file with updated and current Income and Expense declarations?
If you have any experience with this matter, PLEASE ASSIST!

With Humility and Gratitude,
THANK YOU!

 

[mistoffolees]

Yes, you may absolutely be able to have CS suspended while you're unemployed (assuming that it was involuntary). Or, at least, reduced significantly. You may not even have to make it the 'missed' amounts.

I don't know the actual procedure - contact the CA court self-help center for assistance.

 

[Antigone*]

California is the state where my divorce proceedings take place with me as PRO PER.

I am seeking advice to see if it is possible that Child Support can be temporarily suspended. Any suspended payments will gladly be made in arrears, with penalties if necessary.

Unfortunately, due to my current unemployment and financial hardships, I am having very tough times. What I do bring in, through Unemployment Benefits, is just enough to cover my rent/utilities & food expenses. My rental is, by far, the cheapest in the area for what I get, and food wise, I never eat out, choosing to cook all meals at home and brown bag it.
Please note, I have NO intentions of sherking responsibilities where my son is concerned.

The beginning of next month will see my ex become the residential parent with majority custody (which is best for my son given my predicament). Currently, we are engaged in a 50/50 3-2-2 custody arrangement.
So, be all accounts and likelihood, my CS payments will increase.

Through the California courts self-help forms site I located form FL-390, "Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support".
Is this the proper form to file with updated and current Income and Expense declarations?
If you have any experience with this matter, PLEASE ASSIST!

With Humility and Gratitude,
THANK YOU!

So basically what you are asking is that you eat, have a place to sleep and clothes on your back, but you want your kid to hang tight, right

 

[phakermat]

So basically what you are asking is that you eat, have a place to sleep and clothes on your back, but you want your kid to hang tight, right

Antigone,
Not at all the case. My son is well taken care of by his mother and her new husband, whom does VERY well on the financial side.
My expenses that are covered include those for me and my son.

Furthermore, I have had inflammatory personal comments made at me on this site in the past. People, like me, come here for advice. NOT to justify their unfortunate situations.
Give those what they seek...advice.
Leave the comments to those who have nothing good to say or wish to make themselves feel empowered by attempting to belittle others.
Like my mom said, "Don't you roll your emoticon eyes at me!"

If you have advice, share it and it will be received.
Thanks mistoffolees!

 

[Silverplum]

Antigone,
Not at all the case. My son is well taken care of by his mother and her new husband, whom does VERY well on the financial side.

Stepdad is in no way responsible to feed, clothe, educate, provide a roof for, or anything else for YOUR child.

You aren't going to get anywhere with that argument.

My expenses that are covered include those for me and my son.

Furthermore, I have had inflammatory personal comments made at me on this site in the past. People, like me, come here for advice. NOT to justify their unfortunate situations.
Give those what they seek...advice.
Leave the comments to those who have nothing good to say or wish to make themselves feel empowered by attempting to belittle others.
Like my mom said, "Don't you roll your emoticon eyes at me!"

If you have advice, share it and it will be received.
Thanks mistoffolees!

You can read, can't you?

That's what you can do. I'm not going to help someone who is rude to a senior advisor here who merely pointed out the bare truth.



And for your mother:

Maybe your mother can help you figure out your mess without involving another MAN to take care of your child.

 

[phakermat]

Stepdad is in no way responsible to feed, clothe, educate, provide a roof for, or anything else for YOUR child.

You aren't going to get anywhere with that argument.



You can read, can't you?

That's what you can do. I'm not going to help someone who is rude to a senior advisor here who merely pointed out the bare truth.



And for your mother:

Maybe your mother can help you figure out your mess without involving another MAN to take care of your child.

Silverplum,
There is no argument here presented by me. Rather facts of my situation.
Though I do get a chuckle by all of the personal quips. Yours included.
Why bother replying if it does not serve a cause?
That's rude, in my opinion.
Truth, bare or not, is not advice.
I seek advice on moving forward. Senior, Junior, or Infant, your ADVICE is welcome.
Thanks Kindly

 

[mistoffolees]

So basically what you are asking is that you eat, have a place to sleep and clothes on your back, but you want your kid to hang tight, right

I think that's a little harsh. If the unemployment is involuntary, sometimes changes need to be made until someone is working again. OP agreed to pay the suspended amounts with interest and penalties when he's working again.

While SD has no obligation to support the child, at least OP knows that the child isn't going to starve. It's not ideal, but sometimes things happen.

 

[Antigone*]

I think that's a little harsh. If the unemployment is involuntary, sometimes changes need to be made until someone is working again. OP agreed to pay the suspended amounts with interest and penalties when he's working again.

While SD has no obligation to support the child, at least OP knows that the child isn't going to starve. It's not ideal, but sometimes things happen.

Misto,

check the posting history, he's been playing this same scenario for months.

 

[phakermat]

Misto,

check the posting history, he's been playing this same scenario for months.

Antigone,
There is no room in my life, presently, for "Playing" as you state.
I bring this post forward at this point in time because it is now more relevant than ever. If you feel it is redundant, then maybe it's because reply postings, such as yours, derail the post thread from legitimate advice and aiding in ways resolve.
If the roles were reversed, and I came to this site to impart my knowledge and HELP others, they'd get advice sans emotional response.
May you never find yourself in my position.
How about something positive?
Time spent otherwise is time wasted.
Once again, if you have advice to give, I will gladly receive it.

Thank You once again mistoffolees!

 

[phakermat]

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.

 

[CourtClerk]

I think that's a little harsh. If the unemployment is involuntary, sometimes changes need to be made until someone is working again. OP agreed to pay the suspended amounts with interest and penalties when he's working again.

While SD has no obligation to support the child, at least OP knows that the child isn't going to starve. It's not ideal, but sometimes things happen.

I'm sorry, but I have to go with Antigone on this one. Like I told my ex, I'm sorry you're unemployed, but as soon as you come up with a way for this kid to stop eating, growing and needing things, I'll allow you not to have a support order. Until that time, you're going to have to figure out a way to help provide for him just like I do. I don't have the OPTION of not working, so since I don't, hit up every WalMart, McDonald's, Burger King, Recycling Center and every other minimum wage establishment until you find something better... because that's what I would do. The kid eats and gets provided for before I do. If someone in this house is going to go hungry, it won't be him.

That's what parents do.

 

[CourtClerk]

However, file an OSC or a notice of motion. Both do the same thing.