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Can I modify my child support payment?

Riverside, CA |

I have a new job, and this one does not pay as much as the first. I filed RFO to modify the amount I am paying monthly,. Although, when I went to court the Judge didn't address any of the request I made-NONE! I wanted to modify child support, add more time with my kids, and request not to pay spousal support (we were married 2 yrs) All the judge did was tell us we had to go to coparenting class and come back when we are done. I paid over $100 for the RFO but he didn't bother to look at it. I don't make as much but I called the Child Support service to see if they can lower my payments a month. But they can't do anything. I have my kids every weekend, but the child support so high I can barely make ends meet, most saturdays i work so I have my kids in daycare, which i pay for myself. help

Attorney Answers 3

  1. Did the Court give you a new date? If the judge continued the hearing to allow you guys a chance to attend co-parenting, then the Judge will probably deal with your requests on the return date. However if there is no return date then I would need more information about the paperwork that was filed to see why the judge did not address the other issues.

  2. Complete the co-parenting class and file proof of it with the court prior to your next hearing.
    If you are asking for more time with the children the court did not want to address that issue until they knew you had completed the co-parenting. With a completed co-parenting the court should address the custody issue as well as modifying child support.
    Be sure your income and expense declaration is current at the next hearing to avoid any further delay. The rule state that your Income and Expense Declaration must be less than 90 days old to be current.

  3. Is mom receiving cash aid from county welfare? If so, DCSS has to appear on the case before the judge will even consider your request to modify child support. In either case, best to consult with an experienced family law attorney to ensure that the guideline calculation accurately reflects your's and mom's current circumstances.

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