QUESTION: For the last year my wife and I have been on unemployment. I pull in $1,100.00 and she gets $400.00. She moved out June first and has left the marriage. We have 3 children. Does she have dibs on my potential earnings as far as child support goes or does it stay where it was when she decided to leave?
MY RESPONSE:
After filing her divorce case, your wife can file an Order to Show Cause for a Guideline Child Support order retroactive to the date of filing of her Divorce case based on your income, her income, and your percentage of custodial time-share of the children.
If and/or when you become re-employed, your wife can file an Order to Show Cause to modify Child Support to the guideline figures, based on your new income, her income, and your percentage of custodial time-share of the children, retroactive to the date of her filing that OSC for Modification or the date it is served upon you, at the Court's discretion.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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