Child support payments! My work found out about my felony on a random background check on me. Now they have told me that next week is my last week with the company. Once that happens I won't be able to pay the current amount of child support or get a job at the pay rate I'm getting now. What should I do? Will the judge still impute $600 monthly child support after losing my job?
You need to file a Request for Order immediately asking for a reduction in support because you lost your job. Ask that it be retroactive to the day you lost your job. The furthest you can go back is to the date you file so file on or before your last day of work. If you do not file, you will owe the whole amount. The judge will likely put you on a seek work order or a work efforts order requiring you to find work and report back to the court at 30, 60 or 90 day intervals until you find a job.
Michael Schwerin, San Jose, California Consultation fees, rates and retainers vary based on need and ability to pay.
If you delay filing your Request for Orders to reduce child support, then child support payments will accrue and bear interest at 10% per year until paid!
If you don't have funds to hire an attorney, then go to the Family Law Faciliator at your courthouse for free assistance in preparing your Request for Orders.
Do so immediately.
It is my experience that judges don't take things like felony records into consideration. They will, however, take it into consideration if they have ordered you to job-seek, and you are unable to land a job. Explaining that you have a felony on your record will explain why you're having difficulty obtaining a job. You should immediately file a Request for Order to modify child support. They should lower it to zero until you find a job.
Before accepting any answer as a final answer, you should have your case reviewed by an attorney. No attorney on Avvo has read your paperwork and therefore cannot give a completely valid answer suited to your case.
You may file RFO to change CS order.
Court will impute income upon introduction of sufficient evidence.
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