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Can I modify my child support payment?

Riverside, CA |

I have a new job, and this one does not pay as much as the first. I filed RFO to modify the amount I am paying monthly,. Although, when I went to court the Judge didn't address any of the request I made-NONE! I wanted to modify child support, add more time with my kids, and request not to pay spousal support (we were married 2 yrs) All the judge did was tell us we had to go to coparenting class and come back when we are done. I paid over $100 for the RFO but he didn't bother to look at it. I don't make as much but I called the Child Support service to see if they can lower my payments a month. But they can't do anything. I have my kids every weekend, but the child support so high I can barely make ends meet, most saturdays i work so I have my kids in daycare, which i pay for myself. help

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Attorney answers 3

Posted

Did the Court give you a new date? If the judge continued the hearing to allow you guys a chance to attend co-parenting, then the Judge will probably deal with your requests on the return date. However if there is no return date then I would need more information about the paperwork that was filed to see why the judge did not address the other issues.

Asker

Posted

He did not give us a return date. when I filed I asked to modify my child support since I was making less, I requested to have more time with my kids during the weekdays, and for me not to -pay spousal support to her, i wanted to ask the judge to impute income since she was only working part tim. He didn't address anything that I filed for.

Posted

Complete the co-parenting class and file proof of it with the court prior to your next hearing.
If you are asking for more time with the children the court did not want to address that issue until they knew you had completed the co-parenting. With a completed co-parenting the court should address the custody issue as well as modifying child support.
Be sure your income and expense declaration is current at the next hearing to avoid any further delay. The rule state that your Income and Expense Declaration must be less than 90 days old to be current.

Asker

Posted

should I file again but this time only for modifying the child support? I honestly can't afford to pay my child support and they will start deducting from my check. Which I will be getting about $230-$260 every 2 weeks.

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

First you need to check and make sure child support is an issue with your case. You can do that online unless it is a paternity cace then you would have to go to the court to check. If child support is not on calandar then you need to file an RFO. If it is already an issue it would not do much good to file another RFO. The court wants to resolve the custody issue first since it is used to calcualte child support.

Asker

Posted

I apologize but what do you mean by issue with my case and that I can check it online?

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

An issue is what you asked the court to decide. Like custody and visitation were some of the issues. The court might have missed the child support issue so you need to make sure it is still an issue with the court. You can check case status of divorce cases in Riverside County online if you know the case number. If it is a paternity case it is not available online.

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

The Riverside court web page is http://www.riverside.courts.ca.gov/

Posted

Is mom receiving cash aid from county welfare? If so, DCSS has to appear on the case before the judge will even consider your request to modify child support. In either case, best to consult with an experienced family law attorney to ensure that the guideline calculation accurately reflects your's and mom's current circumstances.

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