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Is there a way to maintain/increase child supp order based on proposed expenses while accepting smaller payments during hardship

Riverside, CA |

DCSS is filing to DECREASE the child supp order by 421 to 72/mo for 2 children (diff amounts per child?)
INSTEAD I would like to allow the lesser payment, due to NCP Unemployment income, while maintaining current order or greater. May I partially fill out forms ie: proposed expenses to show need to have support? DCSS will proceed w/o info. Q: Get order to collect oldest first Q: better to allow reduced order and any overage is a boon to fam or better to keep greater support order, when every mo we have state aid the whole payment goes to state, idk what the future will hold. I am disabled so could keep the same loop going indefinitely, but if so w or wo support same to us. If on private income later & trouble collecting then an order helpful. What if SSDI l8r does ch supp reduce my $?

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Attorney answers 1


Your question is a bit difficult to decipher. That being said, child support isn't based on demonstrated need, it is established using a statutory guideline that takes into account certain relevant factors such as your income, the other parent's income, your respective timeshare with the children, your insurance costs, hardships, your tax deductions etc... It does not take into account your actual monthly expenses.

The court won't just let arrears accrue if he genuinely has no income and there isn't a reason for the court to impute income to him - such as he is willfully unemployed. If he already owes you money for past support, there are steps you can take to levy his accounts or property to collect on that debt - but you will likely require an attorney's assistance. I would encourage you to meet with an attorney in your area to discuss the specific facts of your case and see what alternatives may be available to you.

Best of luck.

Please be advised that this answer in no way constitutes legal advice, and is only intended to guide you in determining an appropriate direction for individualized legal consultation and/or representation. This answer should not be relied on, as each legal matter, and the appropriate course of action, is entirely dependent on the specific facts of your particular case. You are encouraged to seek the advice and guidance of a respected and experienced attorney practicing in your community to assist you. Please be advised that this answer does not create an attorney-client relationship and these communications are neither privileged nor confidential.

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