My question involves a child custody case from the State of: California.
I share 50%/%50 of my son with his father. As part of our "Custody & Support" court agreement from 2010, he was ordered to pay me $217 per month in child support. He is now 2+ years in arrears and even though I have requested that he recommence payments he states that I make more money than him and therefore he won't pay. I am loathe to start a legal process because I honestly don't want him to punish my son for his feelings towards me.
BUT he recently served me with the income declaration form (FL-150) in what I assume is an attempt to claim that I make more money than him and therefore reduce/eliminate his child support payments. My questions are as follows:
1. Does he have any standing to take me to court to modify child support or will the courts not give him standing until he has fully paid his child support?
2. Should I file something with the District Attorney/Courts before he attempts to modify or am I already protected by the fact that he in non-compliance?
3. Should I get a lawyer or is this a "slam dunk" for me since he hasn't paid?
4. Do I have to prove he hasn't paid or is the burden of proof on him to show he HAS paid? (I have emails from him where he acknowledges not paying)
5. If he is allowed to proceed with a request to modify child support and it shows that I actually do make more than him, would I have to actually pay him or would it be offset by what he owes me?
Thanks so much for your time. God bless you all for all of your help.
Ruby
I share 50%/%50 of my son with his father. As part of our "Custody & Support" court agreement from 2010, he was ordered to pay me $217 per month in child support. He is now 2+ years in arrears and even though I have requested that he recommence payments he states that I make more money than him and therefore he won't pay. I am loathe to start a legal process because I honestly don't want him to punish my son for his feelings towards me.
BUT he recently served me with the income declaration form (FL-150) in what I assume is an attempt to claim that I make more money than him and therefore reduce/eliminate his child support payments. My questions are as follows:
1. Does he have any standing to take me to court to modify child support or will the courts not give him standing until he has fully paid his child support?
2. Should I file something with the District Attorney/Courts before he attempts to modify or am I already protected by the fact that he in non-compliance?
3. Should I get a lawyer or is this a "slam dunk" for me since he hasn't paid?
4. Do I have to prove he hasn't paid or is the burden of proof on him to show he HAS paid? (I have emails from him where he acknowledges not paying)
5. If he is allowed to proceed with a request to modify child support and it shows that I actually do make more than him, would I have to actually pay him or would it be offset by what he owes me?
Thanks so much for your time. God bless you all for all of your help.
Ruby
Support Arrears: Can Parent in Arrears Request Modification of Child Support
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