“I filed a motion for child support modification on 11/06/2006 and reissued it on 01/06/2007 because my co. closed it’s business. I’m now 1,600 arrears and child support in about to suspend my license, report this on my credit and they are taking 160 dollars from a weekly unemployment check of 340. Is there any thing I can do or motion I can file to stop or put a hold on what child support is doing while I wait for an answer for my motion.”

In California, the process for getting emergency relief is generally accomplished by the filing of an ex parte request for relief. The court can either grant your request or not. Depending on the actual circumstances, a Court may order up to or over 50% of gross wages (in your case unemployment) to be paid to your child’s mother as support.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.