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Why is it that he doesn't have to pay child support anymore?

San Diego, CA |

My ex-husband had 25% but last month he got 50% granted. Child support was thru the agency so I was wondering if I could just call/ go to the agency and have them stop the child support enforcement order. Is it necessary to go to court to get it recalculated He makes $1820/month gross and I make $1863/month gross. their of us get government help. Someone also told me I might have to pay him since I make more money. the online child support calculator says I would have to pay him $91 and I'm pretty sure he will try to get child care added to his deduction for his other son.

Attorney Answers 4

Posted

CSSD should receive a copy of the new custody order, and yes, you can request that child support is recalculated based on each party's current income information. Unfortunately, you will be responsible for paying child support in the amount of $91 if that is what guideline child support should be. But you may be calculating the child support incorrectly. Talk to the attorney at CSSD assigned to your case. You don't need to go to court---you can stipulate to the new amount and avoid having to take off time from work, etc. to attend court again. I am including links below which will explain this concept in more detail. 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.

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Posted

Your initial question was why he doesn’t have to pay child support anymore. The legal presumption about each of your contributions to the child changed when the Court granted equal time share. When you had a greater time share, the law presumed that you were contributing more. Because both parents are mutually responsible, he had to pay child support to balance things out.

A parent’s first and principal obligation is to support his or her minor children according to the parent’s station in life, and should pay according to his or her ability. Now that the time share is equal, there is not an assumption that you contribute more. The balance has shifted. Because you have a greater ability to pay, and because children share in the parents’ standard of living, it is your turn to contribute child support to improve the life of the child.

This communication is intended for general informational purposes only and does not create an attorney-client relationship. This information should not be relied upon and is not intended as legal advice.

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Posted

While the online child support calculator is helpful an Child support attorney can make sure the number are correct. There may be set-offs that apply or you may have calculated the number incorrectly. If you are currently receiving support from your ex-husband you should meet with an attorney prior to modifying the current order.

You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established

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Posted

you should go to the agency and talk with them first.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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