I use to have 35% custody but I got my custody modified and I have 50% custudy with joint physical and legal custody. I was paying child support thur the child support agency in california. I was wondering if I file for a modefication will I still have to pay child support. She makes around 1802 a month and I make 1863. We both have one child with our spouses and we only have one together
Family Law Attorney
You failed to mention if the income was gross or net, whether there are any child care expenses for use as a deduction, whether there are any hardship deductions and other important information needed to ascertain the support calculation. Generally, if you have 50 % of the time and with the income difference only about $800, excluding consideration of how the other factors may affect the bottom line, it is possible you end up paying minimal. Seek the assistance of an experienced attorney who can obtain all the necessary factors and assist you in moving forward. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
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Landlord / Tenant Lawyer
I agree with Ms. Bronson. The calculation for child support takes into account numerous factors. It is impossible to tell you what the exact calculations of child support is without knowing additional facts about your case.
Obtaining a modification does not alone alter an existing order for child support. You need to file for the modification based upon the new time share. It would be advisable to speak to an attorney to address the modification of child support issue.
This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office. To schedule an appointment for an attorney-client privileged consultation, contact me at 909-860-0342. Thank you.
Divorce / Separation Lawyer
There are many factors taken into consideration when calculating child support; however two of the main factors are income and timeshare with the child. Obtaining a modification of a custody and visitation order that increases your visitation time with your child does not automatically modify your child support. You need to file a Request for Order with the court requesting to modify child support. If DCSS is involved in the case then you will also need to serve them with a copy of your RFO. You should consult with a local family law attorney so they can help you with the court process and ensure support is calculated correctly.