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Child Support Revision

The agreement spells out child support should be revise base on recent W2 and or actual time share should the other parent is not performing 50/50 timeshare agreements. There is also provision for make up of each each equal 2 days make up. The other parent is not willing to make child support revision. What should be the best legal route to enforce agreement?

San Jose, CA -

Attorney Answers (3)

David Alexander Yomtov

David Alexander Yomtov

Family Law Attorney - San Jose, CA
Answered

If you are looking to revise your child support obligation and the other parent is not cooperating, then file a Request for Orders asking the court to revise the child support as permitted by the prior order.

I'd recommend that you consult with an experienced family law attorney to determine what support may be appropriate under the circumstances and how you may find out the other parent's income and how you can best present your case to the court.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
John Noah Kitta

John Noah Kitta

Divorce / Separation Lawyer - Fremont, CA
Answered

You could file a Notice of Motion requesting a modification to increase child support, and revise the present timeshare agreement. You will have to file an updated Income and Expense Declaration, your Declaration of Facts, and also provide a copy of the last court order you wish modified along with your Notice of Motion documents. Your ex will have to be served with a copy of these documents, along with a blank Income and Expense form for his completion and filing with the Court. The clerk will indicate a hearing date on the Notice of Motion, and if there is a request to modify the custody/visitation issues, it will be necessary to immediately contact Family Court Services in the Jurisdictional County to schedule mediation prior to the hearing date.

If you have found this information helpful, please let the attorney know by marking best answer. Thank you.... more
Jeffrey Phillip Blum

Jeffrey Phillip Blum

Family Law Attorney - Palo Alto, CA
Answered

I agree with Mr. Yomtov. However, I would add that you should keep a calendar indicating the dates the child/children spend with you. If you have other evidence of your having more than a 50-50 timeshare such as witnesses and/or day care sign in sheets, that would help too. You may want to have an attorney run support calculations based upon your current income and the other parent's, before you file a request for orders.

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