Can I File for a Hold on my Child Support Payments While I’m Waiting for Modification?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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.”

Question: 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.