When starting the divorce process in California, you may hear the phrase Order to Show Cause used quite frequently. An Order to Show Cause is a hearing that typically takes place in between filing for a divorce and the final divorce decree. Typically, the Order to Show Cause hearing is set to handle issues that are too important to wait until the actual trial. These orders will temporarily settle child custody, child or spousal support, and also protective orders keep people safe from harm while awaiting the divorce trial. While these are the most common uses of the Order to Show Cause hearing, there is one other that you should be aware of.
Order to Show Cause to Reduce Support
There is little that can be done if too much spousal or child support has been paid. Generally speaking, the court has no power to award or change support for a time period that has already passed. Because of this, it is very important for the spouse that is paying support to set up an Order to Show Cause hearing if incidents have lead to a need to reduce the amount of support being paid.
In other words, if the supporting spouse has been laid off from their job or terminated, they should contact their divorce attorney immediately to ensure that they do not end up paying too much. The supporting spouse’s loss in wages will affect their ability to sustain themselves and will also directly affect how much support they will be able to pay. So, if the supporting spouse is not proactive from the beginning, they may end up paying an amount of support that they cannot afford to.
Because this is such a pressing issue, it is very important to make sure that the divorce attorney handling the case is aggressive and has experience dealing with cases of this matter. For instance, it is important to know that the supported spouse and their attorney may try to delay the hearing in order to continue getting the higher amount of support for as long as they can.
Contact an Experienced California Family Law Attorney
There are also other stipulations that warrant a reduction or termination of support, such as cohabitation, that an experienced and aggressive attorney will know about and will fight hard to uncover. Issues of this nature will go unnoticed or ignored by family law attorneys that haven’t been involved in Order to Show Cause hearing to reduce support.
Don’t be taken advantage of and don’t wait to contact a California Family Law attorney if there has been a change in your employment or if you are suspicious that you are paying too much support. Contact the family law attorneys at Bohm Wildish to help you get the answers you need. Take advantage of their experience and let them take care making sure that you are not paying too much support.