Legal Question in Family Law in California
Paying to much child support
MY HUSBAND HAS BEEN DIVORCED FOR 5 YEARS. HE HAS PAID ALL ALIMONY THAT WAS REQUIRED BUT CONTINUES TO PAY CHILD SUPPORT FOR TWO CHILDREN. AT THE TIME OF HIS DIVORCE HIS WIFE WAS MAKING APPROXIMATELY 30,000 a year. My husband 80,000. He pays 1000.00 for both children. She now makes more than he does. She says he will still have to pay the same amount of child support. We have the chilren 49% and her 51%. If we take her to court is it possible to lesson the amount of child support?
3 Answers from Attorneys
Re: Paying to much child support
Assuming that both parents have similar incomes, and visitation is essentially 50-50 then the amount of child support should be very close to 0. There are however, other factors that may change this result are children from another relationsip, which are being supported, uninsured losses, high medical expenses, which are not covered by insurance.
Many courts have computers and the support calaculating software available to the public at no change. There are also web sites that provide this service for a reasonable fee.
Re: Paying to much child support
child support payments are always subject to modification and/or amendment if changed circumstances dictate such. an OSC hearing would be the proper forum to raise the issues you mentioned in your factual scenario. if you would like legal assistance in this matter, feel free to email me directly with how you would like to proceed.
Reply: Paying to much child support
I suggest that you have guideline child support calculated to determine if you should file an O.S.C. for modification of child support. Child support is essentially based upon both parents gross income and the time share.
Consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues including child support calculations at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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