Can I still fight my ex-husband about child support and alimony if my divorce is in one state and I live in another?

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Can I still fight my ex-husband about child support and alimony if my divorce is in one state and I live in another?

Basically, I learned I had a court date after the fact. I was not notified about the hearing. Now I need to pay child support and I do not have the money. I do not get any alimony from my ex-husband, at least he is supposed to be paying and does not. If child support is taken out of my check I will have less than $300 to live off of. Since my ex does not pay alimony. Not sure how to go about getting this changed to meet my financial needs. My whole check currently is gone for rent, car payment, car insurance, utilities, food, and gas and sometimes the food is put to a minimum. Divorce in CO; I live in CA.

Asked on July 20, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So the order was granted in default.  Did you have an attorney in the divorce proceeding?  They should have been present on the issue of child support and advised you to be present as well.  Child support is generally based upon a formula that the court adopts - an income share model in some states - that is merely the plugging in of numbers (income) in to a formula that spits out the final payment amounts to be given by each spouse. I am assuming here that you do not have the kids but he does, correct?  Then you need to make the motion to vacate the default and/or for modification where the kids are: in Colorado.  Please act sooner rather than later as they will garnish your salary.  And please sue for the alimony as well.  Good luck.


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