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Child support modification

Discussion in 'Child Support' started by Cliff D, Jun 16, 2021.

  1. Cliff D

    Cliff D Law Topic Starter New Member

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    Jurisdiction:
    California
    My divorce was finalized a few months ago. Due to the instability of my profession my ex wife agreed to a lower child support amount. She is now wanting more money. I have not been able to find work for my company for the last 3 months and have been doing handyman work and driving door dash to get by and pay at least the minimum amount if not more when I have extra cash. Will the court look at my pre-covid wages or what I am currently making to adjust. Also, is it possible to have the judge set a variable support for when my company is working vs when there is no work?
     
  2. Zigner

    Zigner Well-Known Member

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    It is far too early for the court to consider a change in the child support amount.

    EDIT:
    I am correcting myself. Because the parties stipulated to a below-guideline amount, no change of circumstances is required. I apologize for the misleading information.
     
    Last edited: Jun 16, 2021
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  3. army judge

    army judge Super Moderator

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    The court will want to see proof of what you're earning TODAY.

    What you earned pre-Covid-19 is anecdotal, as its common knowledge the financial devastation Covid-19 has wreaked.

    When you reestablish yourself financially (sometime in the near future), your then current earnings will be reassessed.

    I suggest that you're smart enough to save your money in anticipation of these kinds of exigencies.

    I wouldn't address that with the court.

    KISS - Keep It Simple Sir
     
  4. Zigner

    Zigner Well-Known Member

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    Mom will have to show a change of circumstances for a modification to be considered.

    EDIT:
    I am correcting myself. Because the parties stipulated to a below-guideline amount, no change of circumstances is required. I apologize for the misleading information.
     
    Last edited: Jun 16, 2021
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  5. justblue

    justblue Well-Known Member

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  6. Zigner

    Zigner Well-Known Member

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  7. zddoodah

    zddoodah Well-Known Member

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    The court will look at all relevant evidence.

    In the abstract, virtually anything is possible.
     
  8. stealthy1

    stealthy1 Active Member

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    CS is generally set as an annual amount based on your income, split up into 12 equal payments.

    Are you asking if the CS can be fluid, depending on how much you make in a given month? That would be very unusual.
     
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Not as unusual as you think. This is especially true in cases where the state is handling the collection via the employee's wages. Most states have a maximum percentage that can be garnished from payroll. In California, it is 50% of Net Disposable Income..

    Employer FAQs | CA Child Support Services).
     
  10. Zigner

    Zigner Well-Known Member

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    That doesn't mean that child support is "fluid". The full amount of the child support is due even if the employer can't withhold it all. If less is withheld than required, it causes arrearages to accumulate (assuming the parent doesn't cover the difference).
     
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  11. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    True but I've also seen MANY orders that were based on a percentage of wages. None happen to be Califonia but I haven't seen many Califonia orders at all.
     

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