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My nephew had his court hearing for children and spousal…

Customer Question
My nephew had his...

My nephew had his court hearing for children and spousal support. The judge said he has to pay $3400 monthly but his monthly take home pay is $3200. Is this legal? My nephew has no other income & he & his wife filed for bankruptcy.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Yes they have had two hearings. My nephew was forced to resign from his previous job which as a current lawsuit for unlawful termination but the judge thinks he quit on purpose to not pay his

Lawyer's Assistant: Family law varies by state. What state are they in?

California. What I was trying to say is he resigned from his previous job because the owner wanted him to sign a statement that he was responsible as the general manager a lawsuit for sexual h

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes! Simply how can a judge make such a ruling when it puts my nephew in contempt of court because he cannot pay $3400 per month when he only earns $3200 per month with no other income

Submitted: 3 months ago.Category: Family Law
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3/19/2018
Family Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,032
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Your Question:

My nephew had his court hearing for children and spousal support. The judge said he has to pay $3400 monthly but his monthly take home pay is $3200. Is this legal? My nephew has no other income & he & his wife filed for bankruptcy.

Response: It is not legal unless the Judge found that your nephew is hiding his income or refusing to do more work. In any event, the Order needs to appealed. Your nephew needs to file Notice of Appeal of the case. Click here for the appeal process and forms.

Best wishes,

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

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Customer reply replied 3 months ago
My nephew resigned from his job in August because the owner wanted him to sign a document stating he accepted all responsibility for another employees sexual harassment suit because he was the general manager. He refused because he new nothing about the employees alligations-she never came to him with her complaints. The owner said to resign and she would give him a good reference or she was going to fire him. He chose to resign. She did not honor her good reference commitment and he filed a wrongful termination lawsuit. That lawsuit is pending. He then got a new job but it only pays half of what he was making but with benefits which he didn’t have. My nephew does not have a college degree so he was not able to find a new job at the level he was previously making. The judge didn’t care and I guess thinks he should either get another job or work two jobs! This is unfair & impossible. What will happen to him because he cannot pay her more than he even makes? Will he go to jail, lose his license what?
Family Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

He needs to file an appeal from the Judge's Order. That's his only option at this time for avoiding contempt charges if he fails to make the payment.

I previously provided you with the link to the appeal process and forms. Here is the link once more for your convenience.

http://www.courts.ca.gov/12428.htm

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 3 months ago
How many times can my nephew appeal?
Family Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Your nephew can appeal once.

Kindly reveal the link that I provided for the appeals process.

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. Thank you for your cooperation.
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