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Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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I am paying my ex alimony and childl support. She has been

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I am paying my ex alimony and childl support. She has been working for more than six weeks. Am I obligated to continue paying in light of this or do I have to go back to court for and income and expense declaration and wait for a judgement. What if I stop paying? I live in California.



You absolutely have to take the matter back into court before you can get a reduction in either your alimony / child support. You must file a Motion for Modification for Changed circumstances -- they should have forms at the family court (clerk's office) where the case is being handled. If you stop paying anything on your own the amount that do not pay will be added together as an arrearage and you will have to pay it one way or another (wage garnishment, bank account garnishment). The court will NOT go back and reduce the amount prior to the court date for the requested modification and you will be expected to pay that prior amount until the judge issues his/her decision.






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