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LawHelpNow
LawHelpNow, Attorney/Lawyer
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when one recieves child support and alimony by court order,

Customer Question

when one recieves child support and alimony by court order, if the payee
ends up on state disability and is recieving income thru the state are they still liable for
to keep up with the payments on the court order??
Submitted: 1 year ago.
Category: Family Law
Expert:  LawHelpNow replied 1 year ago.

Hello Lori,
My name isXXXXX a licensed attorney. Glad to try and help out.
Here's how this works. Yes, A person subject to such an Order is still bound to comply with the provisions thereof. He or she would be subject to being held in contempt for disobedience of what the Court has rendered. If the person wants to be relieved of their obligations, they would have to follow the proper procedure for seeking such relief.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D.

Customer: replied 1 year ago.

What steps would he need to take in order to be relieved of his duties that is paying the child support and alimony. He has an attourney as well as I do.

Expert:  LawHelpNow replied 1 year ago.
Hello again Lori,
Thanks for writing back...great to hear from you!
Sure, logical question, and I'm glad to expound. His attorney would go to Court and seek what is a called a "modification". He would be asking for either a downward adjustment or a complete termination of his obligation. Of course, the actual decision (ruling) can only be made by the Court.

Kind regards,
Ben, J.D.
Customer: replied 1 year ago.


If he does these steps does this mean that all responiblites to me would be relinguished if the courts decide that yes he can either have the order modified or terminated. What about when he goes back to work, would I have to take him back to court? I may be jumping the gun a bit but I want to know where I stand if he figures out how to stop the payments from coming to me. What about the past payments that I have not received since January 8th. Would that be up to the courts to decide if he continues to pay the back support or not?

Expert:  LawHelpNow replied 1 year ago.
Hi there Lori,
Yes in all candor this is definitely jumping the gun. Meaning no offense, please understand, and I would undoubtedly be just as curious as you are were I in your shoes. But, here's the deal. There are literally hundreds of potential factors going into the final decision. So, while I have no way of knowing the mind of the Judge, I'll be glad to tell you what the codified law provides.
To see the factors by which the Court will be guided in making the ruling, please see California Family Code:
CHAPTER 6. MODIFICATION, TERMINATION, OR SET ASIDE OF SUPPORT ORDERS Article 1. General Provisions ................................ 3650-3654 Article 2. Discovery Before Commencing Modification or Termination Proceeding ......................... 3660-3668 Article 3. Simplified Procedure for Modification of Support Order ........................................ 3680-3680.5 Article 4. Relief From Orders ................................ 3690-3693
I would love to be able to guarantee or predict the outcome, but frankly that would be unethical on my part and actually downright impossible. I wish the system operated differently, but it doesn't, and I feel compelled to be truthful with you rather than doing you the disservice of misleading you.

Best regards,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 8 other Family Law Specialists are ready to help you
Expert:  LawHelpNow replied 1 year ago.
Hello Lori,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
Customer: replied 1 year ago.


Hi Ben one more question for you. I am living with my boyfriend and he is thinking about putting me on his health insurance. If I do this will I loose my alimony?

Expert:  LawHelpNow replied 1 year ago.
Hello Lori,
Thank you so much for the kindness of your favorable rating!
Yes, I regret to say it's a problem, even without the issue of insurance, as follows.
California Family Code § 4323(a)(1) and Marriage of Bower (2002) 96 CA4th 893 tell us that cohabitating creates a rebuttable presumption that alimony is no longer needed. In other words, by living together, you're risking either a downward modification or a complete termination of your alimony. Of course, it's up to your former spouse to push the matter in Court, but I just wanted you to be aware of the substantial risks.
Best regards,
Ben, J.D.

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