Legal Question in Family Law in California

Child Support Dispute

My ex and I saw a mediator and drew up and signed divorce papers about 9 months ago, but have not paid to put them through yet. We agreed to 50/50 custody of our daughter and that I pay her $250/month in support, plus $130/month for our daughters insurance. Now she's decided she wants $500/month in support, plus 1/2 daycare and insurance expenses. I make $1600/month income and am expecting another child with my girlfriend in a couple weeks. I cannot afford to pay her what she wants and pay support for my new child and support myself. Can she change her mind like this? And is she allowed to ask for that much money? How is the amount of child support determined? Also, I need to change our custody arrangement so that she gets 51% because I want to go into the army. Will this affect the amount of child support?


Asked on 9/21/04, 6:19 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Support Dispute

Child supoort is set in California by a computer program into which specific information is supplied. The informatin is your gross income, her gross income, number of children and the percent of time the child/ren are with each parent. the more time they are with you the lower your support payments will be. The court may allow a hardship deduction for the unborn child. Daycare costs are added to the computer calculated child support.

If the agreed upon support is less than guideline she can ask that it be increased, regardless of the agreement.

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Answered on 9/23/04, 3:11 am


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