I live in Los Angeles California and my ex husband filed an Order to Show Cause to modify his child support and the case was heard on 04/18/12 and was continued until 06/06/12 because my response to him was a day late. My ex husband makes 8300.00 a month and only pays $200.00 a month based on my income last year which was $6500.00 a month. Since October of 2011 my income decreased to $3859.00 a month due to a work related injury and I need major back surgey. I fear that my ex husband will withdrawl his OSC because he doesn't want to pay more child support. How can I file my own OSC to request an increase in child support to be heard on 06/06/12 to prevent him from withdrawling his OSC? I fear I may not have enough time to file my OSC and receive his response.
Country relating to Question: United States
State (if USA): California
I have used a Paralegal to help but she was the one who did not submitt the paperwork on time.
Good morning,I'm sorry to hear of the situation.Based on the decrease in income you have sustained, you will want to file your own Motion for Modification of Support. When you file it, let the court clerk know that there is another motion pending in the same case and they will make sure that the two motions are heard together. It may be that your ex's motion will need to be continued again, but that should not be a problem.I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.I wish you success.Thank you.Doug
I sent you a reply did you receive it?
No, I did not receive anything. Had I, I would have responded to you.
f I file an OSC to modify support to request an increase in child support on 5/14/12 to be heard on the pre-set date of 6/6/12 do I have to have my ex personally served and will this be enough time for him to respond? Further my ex husbands attorney mailed me Interrogatories and a demand for production of documents, I in turn sent the same request for my ex to his attorney via personal service. I then received notification in the mail that he was no longer representing my ex husband, he was going to be representing himself. Who do I give the interrogatories and documents t and will he submitt my request for my ex husband? Further, I spent a lot of money on gambling last year and my taxes show a lot of winnings, but my losses are the same. The issue since October 2011 my income decreased and I am off work on a work related injury and I need major back surgery so I do not have the potential at this time to make anymore money. Will the court make its decision on the current income only, due to the fact that I do not have the capacity to earn more money due to my current disability?
Good morning,You must have him served, of course. And no, it likely will not be enough time for him to respond---which means that if the clerk can not re-set his hearing once again for a later date, when the 6-6 hearing comes up---just tell the judge that you have a counter-motion filed concerning the same thing---child support---and ask him to continue the hearing once again.Have you considered getting an attorney? You are talking a whole lot of money in child support in the balance here. Perhaps as much as $8,000 to $10,000 per year IF you can convince the court that your income decrease is not only permanent, but that you will be out on disability for an extended period with surgery.Either way---YOU MUST get your motion on file before the 6-6 hearing. After that hearing, the court is going to likely refuse to her another modification petition from EITHER of you for 1 to 2 years.Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures. Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again, Doug
27+ years legal experience. I remain current in Family Law through regular continuing education.
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