It has been 9 months since the order was made. My attorney took a gamble and lost. He did not present all the evidence I gave him, saying he did not want to overwhelm the judge. I had lost my business and took a job paying considerably less than the original order stipulated. My atty could not believe a judge would believe I had purposefully closed my business. Opposing Atty took advantage. My atty did not prep me, and I get "shell shock" in court. Judge thought I was not believable. The Order has multiple errors of calculation in it. My circumstances haven't changed in that I still make the same amount at time of hearing, and the amount of support owed is keeping me broke. What should I do? Also, the original order was for double the amount I actually earned!
You may wish to file a Request for Modification showing your 2014 Tax return and other documents that would support your position and give it another try. If you have an amicable relationship with your ex, you can negotiate with her and file for a new stipulation and order. By asking for modification, all you have to lose, assuming no other change of circumstances, is your legal fees.
You need to consult a local family law attorney .
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
You can seek a modification and try to keep this out of the court decision making. What I mean by that is if you and your ex have a good relationship make sure to get an agreement then take it to court. Then tell the judge that way to power to make decisions is in your hands and not the courts.
Take your proof if income to DCSS And see if they will modify the orders.
All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus regrets to report that you cannot get contact information about her in any way, shape or form, as Avvo wont let you. Good luck.
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