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Dont know what to expect in family court

my husband and i are separated (not legally) for little more than 3 years and we have a 3 year old son, when we separated he agreed to pay $1000 for child suppor a year later he said he couldnt afford it an he agreed to pay $800, he never pay on time, i always have to call him millions of times before he pays. 2 months ago he told me that he wont be able to pay that amount anymore because of the economy and hes not working as much. I got lay off from my job and i collecting and i am going to school full time. I went to family cout and I have to face him tomorrow i am a bit nervous because i dont know what to expect and since he is self employed and he has not file taxes in about 5 years i dont know how the judge is going to come up with an amount also knowing him he probably he wont show up and i dont know either what happen them. Thank you in advance for your help

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Attorney answers (1)

Reputation Level 7
Most states have some set guidelines for child support. In CA, for example, the amount of child support, depends, among other things, on parent’s earnings and the time each parent spends with a child. An attorney practicing in your state would be the best person to turn to in this situation. It is also not very clear whether you are going to court as part of the divorce/legal separation proceedings. It looks like your hearing is tomorrow, in which case, do your best, and present the facts as you know them — what was the agreement between you and your spouse, what was the payment schedule like, how much he actually paid you and also describe your financial situation. I hope this helps!

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