The case is in Michigan, the father is in New York (VP of Capital One) and my child and I are in California. Monthly payment have never been approved for an increase in 12 years and its so little I am insulted. Please rep my case.
Criminal Defense Attorney
The first step is to speak with an attorney in California and provide details including the timeshare, both parents' income, and the current order for support out of Michigan. If the amount has been the same for 12 years, it likely is much lower compared to what the ordered amount would be today. A family law attorney can look at the situation and proceed with the modification after determining the appropriate jurisdiction. Guideline support can vary from state to state and the differences may be significant. Schedule a consultation with an attorney...the sooner the better. Every month that goes by without filing is a month of the low support that you will not be credited for after the increase.
*Every situation is unique. For case specific advice, contact an attorney in your state.
Family Law Attorney
You should consult with an experienced family law attorney in your local community. If Father has enough income or assets he will likely be ordered to pay a portion or all of your attorney's fees and costs.
Transferring jurisdiction is not always an easy process and is one you should certainly seek legal counsel on.
In the interim, if you know Father's approximate salary you can use the Department of Child Support Services' online calculator to calculate the potential child support award. A link is provided below.
Any substantive or procedural information contained in this response is for informational purposes only. The provision of this information does not constitute legal advice nor does it create an attorney-client relationship. To obtain legal advice relevant to your situation you should contact a local family law attorney. The Law Office of Matthew J. Rudy is happy to provide a free one-hour consultation to individuals located in the greater San Francisco Bay Area.
Divorce / Separation Lawyer
You must consult with an attorney in California to initiate preparation and filing of a Petition to modify your child support, after disussing father's domicile.
If modification of child support has not been fruitful, it is likely that both you and father have equal income. Howver, with the child living with you, it is very likely that you would qualify for modification.
Although you may represent yourself in Court for a modification, it is recommended that you consult with a qualified family law attorney to assist in your matter.
Family Law Attorney
Los Angeles Van Nuys Long Beach