- August 6, 2023
- Posted by: legaleseblogger
- Category: Related News
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Living in the Bay Area for the past 8 years, I have recently gone through a divorce. As part of the divorce settlement, my ex and I have a child support (CS) order in place, which she has been complying with. However, things have taken a new turn as she recently informed me that she is expecting a baby later this year. In light of this news, she believes that her income will significantly decrease when she takes maternity or temporary disability leave, and as a result, suggests that the CS payments should be reduced by nearly 85%.
While I can understand that the CS payments may go down considering her change in income, a reduction of such magnitude seems highly unreasonable to me. Moreover, I had no involvement in the decision to have another child. Consequently, I advised her to proceed and take her case to court since I find this proposed reduction in CS payments completely unacceptable. It’s worth mentioning that if such a reduction were to happen, it would likely impact the living arrangements for my 13-year-old and 10-year-old children, as we are constrained by the high cost of living in the Bay Area.
With all these concerns in mind, I am seeking guidance to ensure that I am on the right path. Does anyone have knowledge or experience in whether I should anticipate such a significant reduction in CS payments?
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Sometimes they get a 2% reduction. Her income or lack there of has nothing to do with you. My ex tried this when he had a new baby and his wife became a sahp. Judge said I had no input on their family planning and that their choices had no impact on his obligations to our child.
Let her take it up with the courts. They shouldnÔÇÖt reduce it by anything, California doesnÔÇÖt usually play games like that.
depends on the state. look up the cs calculator for your state and run through it. if it has a section for “other children parent is financially responsible for”, then legally a modification can be filed after the new child is born.
do the calculations based on current state, and then after with the additional child (but no modification to either incomes). Most judges won’t lower the income used for the calculation based on a temporary situation like parental leave.
So, she would have to take this to court for modification. By the time it goes to court, she might be back to work. It can take up to 6 months to get a hearing date. You have 20 business days to return the modification packet, then they review if it meets the qualifications for modification, if it does, then the motion is calendared and you go to the hearing date based on availability. This can take up to 6 months. TheyÔÇÖre going to rerun that guideline in court based on her year to date earnings . The system usually can track that based on her social, if itÔÇÖs not under the table. They will do 3 guidelines: 1 for your claimed visitation hours she has, 1 for her claimed visitation hours and the last one will be an average of the 2, which will most likely be the one they use for the motion. You will be able to see the income they use for her and all the credits they give her on the guideline you receive. So try to look at it carefully, especially page 1. If you think sheÔÇÖs hiding money, you would have to request a discovery in court.
Her hardship doesnÔÇÖt for the new child count until that child is born. It may go down based on the fact that she has a hardship now, but thereÔÇÖs also the fact that she chose to have that child.
So hereÔÇÖs what is taken into consideration on the guideline: health insurance premiums, mandatory retirement, children from other relationships in the home, child support payments from other cases, childcare payments.
Also, for some reason- older children are given less money. IÔÇÖm not sure the logic behind it. I guess itÔÇÖs assumed that younger children need more, so their expenses are more, but any parent knows that the older they are, the more expensive they get. Hope this helps answer your question.
Depends on the state but even then, it shouldn’t be THAT drastic.
She shouldn’t be trying her shot with you. She should be trying her shot with the court by petitioning the changes in income. She literally has a COURT ORDER. For all we know, you could “agree” verbally and then screw her payments later and say “I never said that”, causing her to pay extra interest (arrears). She missed a payment? Too bad, the court can charge arrears because THERES A COURT ORDER on a certain amount still.
If she wants to cover her butt, she needs to petition in court for a recalculation. Otherwise your verbal yes/no does not count (unless she desperately wants to screenshot or record you saying yes to the change). The whole point here is to keep the papers updated in writing, otherwise the same payment still stands to this day. This is her responsibility, not yours.
What’s the point of telling you? Did she expect you to do the paperwork for her? She needs to tell the court. Again, you could say yes to this now and then file a Contempt of Court Order years down the road and say she still owes you. And you would win, because this was not an official change. (But lets not be evil. Just do nothing and see if she took time to file, otherwise resume as normal)
I personally did not re-petition, but in fact ordered child support coincidentally after I had a new unrelated baby. My state does count it in the overall calculation (but not as much). It still counts and impacts as my “ability to support” my regarding child. The main other factors still stands such as daycare, education, extracurriculars, insurance coverage. Other dependents “counts” but a small percentage.
Hello, sort of in the same boat. Ex wants a reduction and he is citing him having a new child as his hardship. I havent had the hearing yet, but from what Ive read online, they are supposedly not allowed to use new children as a hardship. It might be a little different in your case because your ex will have to take maternity leave, etc. But Usually its not used as an excuse or a reason to lower the already established child support.