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Do I have to pay child support if I don't have a job, and I have 60/40 with the other parent?

Barstow, CA |

I have a 60/40 custody case pending, and we are to see a mediator tomorrow and im asking for 60/40. Just wanted to know what are my chances with child support on both our ends.

Attorney Answers 2


  1. Child support is based on a mathematical formula which takes into account, among other things, the respective income of the parents and each party's timeshare with the child. If you are unemployed, then chances are you would not have to pay support. If the other parent is employed, then you may be entitled to support based on the timeshare you indicated. I am including links below which may be of some help. Good luck.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.


  2. Child Support is based upon a mathmatical formula set forth in the Family Code. If there has been change of circumstance since your last order was made you should file a Request for Order to modify the Child Support. The loss of a job is a change of circumstance. You must continue to pay your child support until the Judge modifies it in a court order. The Court can only modify child support retroactively to the date of the filing of your Request for Order. If is important that you file your request and serve the other party as soon as possible. If you are unemployed and meet certain financial requirements you may qualify for a fee waiver and not need to pay the Court the filing fees. Be sure to request the forms for a fee waiver from the clerk, fill them our and file them with the Court.

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