Legal Question in Family Law in California
child support adjustment, what do we do?
My husband's ex wife is living in california, we live in colorado. When they divorced he was making enough that the child support payments were set at just over $500 each month. He now makes 1/4 of what he was (including a garnishment) and I am making about the same amount as he is. I know we cannot do anything about the back child support but since I am pregnant and we will have a child in June that needs support full time how do we go about having the child support adjusted to fit his current income? Do I have to include my income? Do we need proof of pregnancy or do we have to wait until we have a birth certificate? Do we have to go to court or can we just submit his pay stubs to the Family Registry? Which laws do we have to abide by, Colorado or California? -thanks for your time!!
2 Answers from Attorneys
Re: child support adjustment, what do we do?
You will need to file the motion in the State Couer that made the original child support order, unless neither party lives in that State at this time. In that case you should ask an attorney in Colorado about whether Colorado will have jurisdiction over the mother, to make a support order.
In California your income is used but only to calculate the "take home pay" of your husband, since your income affects his tax burden, in many cases increasing the taxex he pays and therefore your income would reduce his child support obligation. The new child may or may not affect his child support payment, in California it is in the descretion of the judge. You should get a calculation of child support by an attorney in the State and County that will do the modification before filing any motion to make sure that the motion is wortthwhile and child support would not go up. Good Luck, Pat McCrary
Re: child support adjustment, what do we do?
File for an OSC to modify support in the court that originally ordered it. You need not appear if you have counsel to represent you. Please call me directly at (619) 222-3504.
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