California X wants to lower c/s (modify), lost his job, but....

[nunez]

we're in calif. my X of 1 year lost his job monday, has a 30-day severence package, and unemployment benefits for 6 months. He wants to lower his c/s (modify) and has threatened to go to court to do so. his annual income was $150K a year, and he will get BUT he has at least $200K equity in a house he owns (he is putting it on the market, but he wants to wait a couple of months -- gee.) he now pays a total of $955 c/s a month, despite the fact that we live in marin county and thats a drop in the bucket when it comes to food and shelter. I am a single self employed mom and he alsoh owns many expensive toys, motorcycles, etc, cars, that he can easily liquify. can he geta judge to sign of on this? if so, how long does the process take? he seems to think it will be instantaneous. if he flat out doesn't pay c/s, don;t i hve a right to have the court go after him? what's the story?

 

[grandpabri]

I don't think that there is any provision in the law to require him to sell his house or toys to pay CS. However, he must continue to pay the current amount until it is modified. The process is not instantaneous (sp?). He has to file for a modification, and then have the hearing. The judge may adjust the CS amount to the date of filing, but does not have to. The judge may only adjust from the date of the hearing.


The court may (emphasize may) reduce his obligation for a period of time until he gets another job, and then review at that time.

The ball is in his court. Good Luck