How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I have one son with my ex-husband (50/50 legal & phsical).

This answer was rated:

I have one son with my ex-husband (50/50 legal & phsical). He has higher income & lower expenses & I did not seek child support at divorce. Recently he has moved in with his girlfriend which decreases his expenses by half. What is the law & my chances to seek and recieve child support?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

What is the law & my chances to seek and recieve child support?

You may seek and likely receive child support. Allow me to explain.

1) Child support orders are modifiable at any time the court deems it necessary. Ca Fam § 3651(a).

2) The courts will modify a child support order if you can show a "material change of circumstances." In re Marriage of Burgess, 13 Cal. 4th 25 - Cal: Supreme Court 1996.

3) Because he has decreased his expenses, then this arguably qualifies. You may also wish to argue that your expenses for the child have increased, unexpectedly, and be prepared to illustrate how so.

4) This is done via a special pleading requesting modification of child support. An attorney is recommended, but not required (but still, is strongly recommended).

5) May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Let me know if you need leads to pro bono / low cost attorneys in CA.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and 4 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

I would think that there is an income & expenses calculation to assess a modification. Do you know of a tool or calculation that I can use? I do not want to go through a modification process to find out that he must pay me $50/month. This wouldn't be worth my time. Many thanks!


Sure - please see here.

Related Family Law Questions