After a judge hears the evidence on a family law case involving a divorce or child custody, often times the judge also orders one side to pay support (child or spousal) to the other side. Support amount can vary depending on the incomes of each side, which is determined when both sides file their income and expense declaration. The judge enters into the income and expenses of each and then computes a monthly amount of support to be paid to the party with the lower income.

Usually this greatly affects the party having to pay support. Sometimes it might stretch someone out so much that they’re barely able to pay all of their bills. There is relief available to you.

Under the Family Code (Sections 3690 and 3691), a person may be relieved from a support order for many reasons. Those include actual fraud, perjury, and lack of notice. Actual fraud is where one party was fraudulently prevented from fully participating in the proceeding. Perjury is when the party receiving support lied under oath to the court or judge. Lack of notice usually arises when a default judgment is granted to one party but that was only because the party receiving support failed to properly give notice to the supporting party about the pending court action.

The court can also relieve the supporting party from a support order by set asiding the order for equitable considerations. In other words, if you can convince the judge that under equity, it would only be fair to set aside the support order (dismiss the order), then you may be relieved from that court order.

It’s important that you hire an attorney that is experienced in family law and can explore any and all issues regarding your case. Support orders can be burdensome and therefore you need an aggressive and knowledgeable attorney to fight for you. The Law Offices of Michael S. Carrillo has a great deal of experience in child support and spousal support orders and will handle your case with great care including by giving you his cell phone number to ask him questions at any time. Contact our office immediately for a free consultation at (626) 799-9379.