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  1. #1
    Join Date
    Jul 2007
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    3

    Default Child Support and Spousal Support

    Work is really stressing me out and I'm not sure how much longer I can handle it. If I quit my job that was used to figure the support payments, can I go back to court and have the Child Support and Spousal Support payments lowered or removed?

    Also, if I'm not working will I still have to pay child support and spousal support, or will she have to pay me child support and spousal support?

    Right now she has an order of 100% legal and physical custody, but I want 50-50 legal and physical custody.

    This is in CA

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Child Support and Spousal Support

    Quote Quoting robbie_99
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    Work is really stressing me out and I'm not sure how much longer I can handle it. If I quit my job that was used to figure the support payments, can I go back to court and have the Child Support and Spousal Support payments lowered or removed?

    Also, if I'm not working will I still have to pay child support and spousal support, or will she have to pay me child support and spousal support?

    Right now she has an order of 100% legal and physical custody, but I want 50-50 legal and physical custody.

    This is in CA
    If you quit your job you will still be required to pay your support. Voluntary unemployment is NOT a cause for modification.

  3. #3
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Child Support and Spousal Support

    What if I go out of work on mental stress medical disability, or a medical leave of absence?

    I'm super depressed at work and even more depressed at home due to my ex not letting me see the kids. I can barely get out of bed some mornings.

  4. #4
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Child Support and Spousal Support

    Quote Quoting robbie_99
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    What if I go out of work on mental stress medical disability, or a medical leave of absence?

    I'm super depressed at work and even more depressed at home due to my ex not letting me see the kids. I can barely get out of bed some mornings.
    If you have a court order for visitation and your ex isn't complying with that order, you need to file for contempt. If there is not such order then you need to file for visitation. To stop supporting your children isn't the answer.

  5. #5
    Join Date
    Apr 2006
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    not sure
    Posts
    526

    Default Re: Child Support and Spousal Support

    Quote Quoting robbie_99
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    What if I go out of work on mental stress medical disability, or a medical leave of absence?

    I'm super depressed at work and even more depressed at home due to my ex not letting me see the kids. I can barely get out of bed some mornings.
    Who gave your ex wife the authority to deny visitation?

  6. #6
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Child Support and Spousal Support

    Quote Quoting robbie_99
    View Post
    What if I go out of work on mental stress medical disability, or a medical leave of absence?

    I'm super depressed at work and even more depressed at home due to my ex not letting me see the kids. I can barely get out of bed some mornings.
    In addition to filing to enforce the visitation order, you should get some counseling and help for your depression. You might have a temporary form of depression called "situational depression". With some counseling, possibly short term medication and taking steps to solve your problems, your depression might be only temporary. Definately speak to a counselor or Dr about that possibilty.

  7. #7
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Child Support and Spousal Support

    I have no problem with supporting my children. I'm just really depressed right now about not being able to see them, and it's effecting my job performance and my overall sanity.

    My ex-wife and I equally love our children, and our children love us both equally.

    How can I request the court to order 50% joint legal and physical custody to both of us, in the best interest of the children?

    We're currently ordered to mediation to establish a visitation schedule, but I want the custody changed to 50% joint. It's only fair.

    She knows I'm a great dad, and I know she's a great mom. I just don't understand why after 13 years together she went to court and lied to get 100% custody. We always agreed that if we didn't work out, in the best interest of our children, we would work it out peacefully.

  8. #8
    Join Date
    Mar 2007
    Location
    California
    Posts
    174

    Default Re: Child Support and Spousal Support

    Go back and file an order to show cause to modify custody. Depending on how far away your mediation appointment is, you may be able to tackle both situations in one appointment. Let the judge decide whether he is willing to modify custody, however, if you willingly terminate your employment, you will still be responsible for your legal obligations and how depressed do you think you will be once you are hauled in for contempt?

    You need to get medical help, possibly some medication and pick yourself up by the bootstraps. If you need help with the court issues, visit your local Family Law Facilitator there is one in every courthouse that deals with family law issues. They'll help you do the paperwork, but they won't represent you.

    I do take issue with one thing you said though... a parent that willfully withholds their children from another parent is NOT a good parent that loves their kids. They are selfish.

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