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Old 08-16-2014, 05:53 PM   #1 (permalink)
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Should child support amount change??

My final divorce decree stipulated that I (the mom) would continue to carry the children (3) on my health and dental insurance and that the father would pay daycare expenses for our youngest child and my ex would pay an amount of child support to me each month. Right now, we share custody 50/50. Our youngest child starts kindergarten next week, so daycare is no longer needed. This amount was used to calculate the monthly child support. Since he no longer pays that, should my child support payment now go up to compensate for this change?
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Old 08-20-2014, 03:34 PM   #2 (permalink)
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Location: SF Bay Area
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Ultimately, it will depend on the laws of your state. I'm sure you already have a pretty good grasp on child support, but here are some articles that you may find helpful and may help you find a lawyer in your area to help you petition for more child support.

http://www.legalmatch.com/law-librar...-payments.html
http://www.legalmatch.com/child-support-lawyers.html

Good luck
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Old 08-22-2014, 08:02 AM   #3 (permalink)
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Basically until the children turn 18 either you or the father can file for a modification of child support or custody. Child support in most states is calculated by a guideline based on both parent's income/expenses, which you seem to be aware of. With the end of daycare the expenses have changed and a modification of support would be appropriate, but you have to ask yourself is this something worth going to court over, or is it something the other parent would just agree to change?

I am not sure how much daycare is or what your budget is so the modification may be very important financially or only be a worth a few bucks. If it is very important then perhaps a modification is necessary if it is only a few bucks probably let it go.

Remember that every dime and minute you spend in family court is time and money that does not go to your child.

Here is an article explaining child support modification in more detail.http://www.legalmatch.com/law-librar...ification.html
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Old 10-15-2014, 05:25 PM   #4 (permalink)
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Excellent post by Temple, it is true the expenses for a child can change and may be subject to changes.

I.E a 2 year old is not attending school, but if at 15 you want to send the child to private school the expenses may go up significantly. So it is a case by case scenario, but when you open the door to changing support it can get really ugly really quick, but if your agreeable with the other parent it can be for the best.
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Old 04-29-2015, 07:13 AM   #5 (permalink)
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CA working mom needs advice on custody split and back child support

Hello,
I'd appreciate some advice on my legal options please. I am the custodial parent of my two children in California and have them about 70% of the time. What I am trying to figure out:
He wants more custody, to stop current child support and modify back child support
1. My ex wants them 50-50 now. He's not super responsible, and they are my kids. He does things like:
* keeps them out until 1:00a on school night for "business meetings" (later found out it was when/where he was dating his girlfriend at this "business meeting,". Girlfriend is now his wife) or keeps them out to 10 or 11 so he can be in a play.
* When he was couch surfing for 2 years (until his gf helped get a place with him), during his weekends, he had my kids sleeping in the bedroom and bed of a woman who lived there, while he slept with his girlfriend elsewhere in the house (when I found out from my kids, I put a stop to this).
* lied about where he lived to get my daughter in a school. I went about it the proper way, several times through the proper channels, and she now goes to the school she wants to go to but legitimately with our actual address.

2. We had a child support agreement from when we got divorced ($1200/mo). He mostly didn't pay much, if anything, for 2+ years (just a little here and there). He started paying a modified amount ($1000/ mo) about two years back. He now wants to modify what he was supposed pay back then to something like $300/mo. I've worked responsibly and very hard to keep a roof over my kids' heads, keep them in a good school, have health care etc. on my own.

3. There are joint back taxes which I've been paying back (have paid off over half) and he's paid practically zero (on premise he can't pay). I am now in a position to pay off the back taxes.

I was engaged, but recently broke it off. A few days after this, he sent an email, and then served papers, demanding more child custody and modifying the back-owed child support and current support as described above. (I guess he figures I don't have an ally anymore, although my ex-fiance volunteered to vouch for me and my parenting, and his lack of it)

I want to keep having my kids with me as much as possible. I can do without current child support as I'm in recently in a better financial position. I do feel he should pay the back child support (from when I struggled to take care of them while he couch surfed and played) and his share of the back taxes. I mostly, overall, don't want to lose any more time with my kids.

Do I have a leg to stand on to fight this?

Thank you for your advice!
Sincerely,
CA working mom
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