Can my daughters father reduce child support

Asked about 2 years ago - Hawthorne, CA

I won child support a year ago for back pay too, but 2 months after that he hit me with visitation 50/50 physical custody! which before he wasnt in her life till 3yrs ago and she's 12 now. Can he bring me back to court and reduce child support if he wins a 50/50 custody? our hearing is this tuesday.

Attorney answers (3)

  1. Cathleen Elisabeth Norton

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    Answered . Yes, if the judge awards him 50/50 custody, then your child support will be reduced (assuming he checked the box on the OSC form and also requested a downward modification of his child support obligation, and included an Income and Expense Declaration with his request).

    If your hearing is on Tuesday, then I hope you already filed a Responsive Declaration with the Court explaining why he shouldn't have more time with your daughter.

    You may want to consider hiring an attorney on a limited scope basis to represent you at the hearing, and to also make sure than any child support calculation is done correctly at the hearing.

    You'd be well served by at least consulting with a family law attorney so you understand the process. If your hearing is on Tuesday, then I assume you did not reach an agreement in Conciliation Court (which is a requirement before you see the judge). There are many things that a competent attorney can argue on your behalf that you may not have even thought of: for example, an attorney may spot things on his Income and Expense Declaration which may help you in arguing against a child support modification.

    I am including links below which you may find helpful. Good luck.

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  2. Rebekah Ryan Main

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    Answered . The other attorneys are correct but I am answering to point out that you should have gone to custody mediation. Did you tell the mediator that this custody request is motivated by a desire to reduce support? Seems like you have pretty good facts to demonstrate to the judge that dad has been disinterested. Custody decisions are based on the best interest of the child, not the financial interest of the parent.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not... more
  3. Christy Michelle Carlisle

    Contributor Level 10

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    Answered . Yes child support is always modifiable in CA, all that is required is a change in circumstances such as a change in parenting schedule. I hope you consult an attorney about the custody and support issues in your matter, I recommend that you do so.

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