Can my ex wife request more child support? 4 Answers as of April 11, 2011

My wife was fired after failing to return to work after completing jury duty in the morning. She had been their for 9 yrs. She commented to me once she was going to take some time off, but her unemployment claim got rejected and now wants me to pay her more support. We have shared custody 50/50. I currently pay her $1200 support and $500 spousal, will the court issue her more money, even though she was fired for her own fault? I am just becoming financially stable and this would be a big hit to me again, as she gets about 40% of my take home income.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Goldberg Jones
Goldberg Jones | Zephyr Hill
There is no sure answer to this question. The Judge could increase the support but they do not have to. If she files a motion requesting support, you should fight it hard.
Answer Applies to: California
Replied: 4/11/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It is unlikely that the court would penalize your ex-wife or your child by depriving them of additional monies needed for their support merely because your wife got fired, even for cause. She should, however, be seeking employment, and if she files an OSC to increase Child and Spousal Support, your Responsive Declaration should request, among other things, an Order that your ex-wife seek employment and submit to the Court and to you (via your attorney if you have one) a monthly declaration and attachments detailing her efforts to find employment and the responses to and results of her efforts. It would be a good idea to seek, via stipulation and order, by your own Motion,or in your Responsive Declaration, to have her ordered to submit to a Vocational Examination by a Vocational Training Consultant, to obtain evidence about her ability and opportunity to work, and to use that evidence in an effort to have the Court impute income to your ex-wife. If you are not represented by a Family Law Attorney, it is recommended that you retain an experienced Family Law Attorney to represent you in these matters.
Answer Applies to: California
Replied: 4/11/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
With a proper defense to her request for an increase in support, good litigation tactics can perhaps impute income to her whether she is receiving the income or not. There are many factors to consider. However, since she is legally not at fault for being fired, (if she was fired for attending jury duty) that will not be held against her, and it is possible support could increase. Your case must be analyzed as a whole in order to give you a specific opinion. With such a high custodial time you have, 41% of your net pay may in fact be to high, and a support reduction could be possible.
Answer Applies to: California
Replied: 4/11/2011
Click to View More Answers: