Am I able to revise child support order?

Asked over 2 years ago - San Diego, CA

when father and I finalized the child support, i agreed to lower amount what court suggested. It was noted on court document that it was lower. Father said he will pay 1/2 of extra curricular activities verbally but now his story is different. He said the child support i'm getting is enough. Our son is currently 21 months old. Is there a way to add extra curricular as part of support? Father makes 3x more than me but according to him, child support i'm getting should be enough to support our child and for extra curricular as well.

Additional information

If I'm not able to add the extra curricular activies. Is there a way to get the child support amount to what court suggested? If so, how do I proceed? Can I just contact child support services?

Attorney answers (3)

  1. Michael Charles Schwerin

    Contributor Level 17

    2

    Lawyers agree

    Answered . Child support is set by a computer schedule, not by what the father thinks is enough. There are also add on expenses he should be paying in addition to child support. 1/2 of day are expenses, 1/2 of any uncovered medical expenses and some others, including some extracurricular activities. What you really should do is have a consultation with an experienced family law attorney and talk to him/her about what you are entitled to. It will be worth your time financially to do so. Also, if a motion to modify support is successful, that attorney can get their fees paid for by the father. See an attorney right away so you can start getting what you are entitled to get.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation... more
  2. Steven Gary Hittelman

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . Child support in California is based upon a formula, that results in a "Guideline Child Support" amount. Once the calculation is done - by putting in your and the father's gross incomes, the amount of time the child spends with each of you, certain deductions, etc. - the result of the formula is presumed to be correct.
    If you agreed to a "below Guideline" child support amount then you do not need to show that there has been any change in your or the father's circumstances to try to modify the child support amount. In most cases, when Guideline child support is ordered, you would have to show that there was a "material change of circumstances" the impacts the amount of support to be able to seek a modification.
    Childcare expenses, especially for a child of 21 months, is a MANDATORY ADDITIONAL child support amount, along with the uninsured medical expenses.
    You can file a Request for Order seeking modification of child support, and you can also seek the order to include the childcare expenses for your son. The court has discretion to order the extra-curricular activities shared.
    I also suggest you contact your local Department of Child Support Services to see about opening a case with them. Their services are free, you do not need to be on public assistance to be able to use them, and they will seek the Guideline child support order on your and your child's behalf. You can ask that they include in their work the request to pay for your son's childcare.

    Please note that the answer provided in this forum in no way creates an attorney-client relationship.

  3. Paul Jimenez Ryan

    Pro

    Contributor Level 6

    Answered . I agree with my colleagues sage advice above. You can always get a modification of child support if it is under guideline. Moreover, don't forget the mandatory add-ons.

Related Topics

Child support and childcare expenses

As a working parent, you may wonder if childcare is included in child support. The answer will depend on your state's laws and/or your support agreement.

Avvo Staff

An Overview of Divorce Decree Modification

Going through a divorce can be a hectic time, and it is hard to ensure that every possible need is covered in the divorce decree. Fortunately, you can file to modify, or amend the decree.... more

Child support and extracurricular expenses

Extracurricular activities are not usually considered when calculating child support, but some courts may include them as an add-on to the basic support amount.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,742 answers this week

2,274 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,742 answers this week

2,274 attorneys answering