Legal Question in Family Law in California

what are the chances of the court raising child support amount?

Him: At the time of separation, moved out of our home to NV for a period of 8 months. Our two children, ages 12 and 9, saw him sporadically (we had arrangement through mediation, he did not always see the children as arranged). Upon returning to the area, he and his girlfriend lived with a relative for about 3 months, now rents a home with girlfriend and her children. We have court-ordered child support amount that he pays based on his wages in NV. Wages in CA are higher, but his expenses are also higher. We go to court on 1/08 re: motifying child support and visitation.

Question: what are the chances of the court raising child support amount? My expenses are about the same, my income is less...I had to quit 2nd (part-time) job after he left in order to be with the kids at night.


Asked on 1/05/03, 10:51 pm

1 Answer from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: what are the chances of the court raising child support amount?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Child support is by formula, which includes your income, his income, and amount of time he spends with the kids. The challenge is in determining the "true value" of those factors. Your / his expenses (except for child care and health care costs) do not really get considered. Neither of you is required to work a second job or overtime.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 1/06/03, 2:51 am


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