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How can I request a new judge?

Orange, CA |

We went to court and the judge ordered my ex husband to stop paying child support because he got fired and I asked the judge what am i suppost to due if i can't pay my rent he said get a second job! I work full time and I go to school part time. I told the judge that my ex has 3 cars and a house how is he paying for that? he said we'll talk about it at the continuation. Then at the continuation 2 months later he still did not have a job and I told the judge that my ex in collecting wellfare for him his wife and thier new baby plus his wife gets $1200 in child support every month from her first husband and he said oh welll he still has no job. Then he told him keep up the good work and keep looking for a job. Pluse he owes me $500 for our sons med bills.

Attorney Answers 1


The time to disqualify this judge and get a different judge was at the very beginning of the case, and it's no longer possible. You're stuck with this judge, unfortunately, so you need to figure out a way to get rulings that you want from him.

You need to get him to get your ex to prove the effort he's making to get a job, and if you think your ex is undertstating his income and overstating his expenses, it might help if you brought the judge documentation of that, rather than just just assert it orally. Similarly, because judges have so many cases at once, they can't be expected to remember thinsg about your case, so you want to put your situation and claims -- full time job, part time school, 1 car-- and your ex's --no job, 3 cars, owes $500 in kids' medical expenses, etc.-- in writing in a motion so the kidge can't ignore things so easily.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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