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Xhusband retired from navy, reduced payments, the stopped altogether. (NO court filing)

Asked over 2 years ago - San Diego, CA

X has child support order for 3 children. He retired in January, shorted support by 300. Beginning in February he began paying about 1/4th support. Between Feb and Sept, he paid a total of 5 months reduced support. He is married (no other children), and has yet to obtain retirement. He is in his 40's. Children are 15, 13 and 10. He said he was filing for mediation last month, never did. I still have nothing. I am working full time at an inner city school, so my income has went up. He claims I owe HIM support now. He has the kids every other weekend and half of breaks... about 20%. I offered him Wednesday evenings SEVERAL times to increase his visitation, but he has NEVER taken them. He claims his percentage is 37%?! Anyway, I am a first year teacher. How do I get support???

Additional information
He says his bills and household take priority. He says the bills are from OUR marriage. At time of dissolution 2 years ago there was about 6k in debt, but I waived any community property claim over his Navy Pension... married 16 years (around 45% of his retirement) if he paid off the remaining marital debt. He also agreed to pay off his car, but never refinanced. Since it was in my name, I paid it in full. He owes me about $3600 on that. He claims since my vehicle was paid off during the marriage we were even. I also received only 11 months of alimony. (I was a stay at home mom for many years, but worked part time, did reserve time, and ran a home daycare.. although I just recently finished my degree and teach.)

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Attorney answers (1)

Steven Alan Fink

Reputation Level 20

Answered over 2 years ago. Real Estate Attorney in Newport Beach, CA.

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His change in status does not change the support order. He is legally required to pay the court-ordered amount unless and until he moves for a modification. You can enforce the order by way of contempt or through a levy on his assets. See a family law attorney in San Diego. Many are listed on Avvo.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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