San Diego, CA asked in Child Custody, Child Support and Family Law for California

Q: Hi, my ex-husband & I split when our daughter was 2.5 We used a mediator and custody was split- 40% to him,60% to me.

& he was ordered to pay $400 per month. She is now 12 and has lived with me 100% and he has paid ZERO. What can I do? Have him subpoenad for a child support hearing? He thinks/says he will destroy me in court. No merit to that. He has an active warrant for his arrest for a DUI from 2015. We are in San Diego. I am DESPERATE and BROKE. It wasn't a big deal before because I made enough money without his help but now I'm unemployed & searching for work. He's in construction so some of his pay is under the table. His mother, a CPA does his taxes.PLEASE HELP!!! Thank you!!! I am so desperate and my daughter needs so many things that I cannot afford. What are my options??

1 Lawyer Answer
Valerie Kraml
Valerie Kraml
Answered
  • Divorce Lawyer
  • Berkeley, CA
  • Licensed in California

A: You can file a Request to Modify Support and Visitation, and also bring in the Dept of Child Support Services (they normally coordinate guideline support payments upon delegation of the court). That will help you get an increase in support from the date of filing into the future. There are judicial counsil forms available at courts.ca.gov/forms. You should get help from the court family law self help, private counsel or a certified family law paralegal to ensure that you have filled out the forms properly and/or attached the pertinent documents.

In terms of the arrears, you can bring the issue up with Dept of Child Support Services and have them help garnish wages.

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