What should I expect DCSS to do when child support is being reviewed, and I make less than the amount calculated?

Asked over 1 year ago - Sacramento, CA

I just got paperwork from the DCSS stating my ex requested a review to change child support. Ive never missed a payment. Last time it was calculated, they came up with the amount off my former income of $2000, ability to earn. So, I have been paying as if I make $2000, My current employment is much less than that,I work less than 40 hours a week, and also make a quarter of what it is calculated off of.I just got a seek work order in custody court a week ago, to seek work at a "higher rate".Seeing I make way less than 2000 a month,wouldn't the support get lowered to my actual income? What should I expect to happen? I already overpay, but she wants more.. I now have a seek work order, and support off ability to earn and Im employed, so what other options do they have to confuse this more?

Attorney answers (2)

  1. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . The fact that you have a "seek work order" when you are already employed is strange. Generally speaking, child support will be based on your actual earnings, unless there is some reason to impute income to you based on your earning capacity. If you are self-employed and have not provided the proper documentation to support your contention about what your income is, then that may be a reason why the seek work order was issued. Also, if you work less than 40 hours a week, it makes sense that the judge issued a seek work order since generally you are required to work a "normal" work week (i.e., 40 hours). If your current salary is only for, say 10 hours, then the court has the discretion to multiply your hourly pay times 40 hours. If there is some extraordinary circumstance that you wish the judge to consider, then I suggest you contact a family law attorney to help you prepare for, and present your case to both DCSS and the judge. In the meantime, I am including links below which may be of some help. Good luck.

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  2. Martha Bronson

    Contributor Level 14

    Answered . Iagree with the excellent advice given by counsel above. I would add that although your history of being employed and yet the court gave a work progress order are inconsistent, if you happen to be only part time employed it makes sense. I would recommend that you make as many efforts to seek more work as possible and document those efforts. Perhaps you can use it to show that THERE IS NO WORK available and that imputing income is inappropriate based upon the evidence of your efforts which show no success. Good luck.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more

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