Legal Question in Family Law in California

Re: child support increase

There are three factors that affect guideline child support. The income of the payor, the income of the payee and the amount time spent with the children by each party. If payors time goes down, his pay goes up or the payees income goes down, all would create a change in circumstances causing child support to increase. Expenses and expenditures do not figure into the formula. Income from a new spouse of the payor will more times than not make child support go down. That is because only the payor's net income is used to calculate income and a new spouse with income will many times place the payor in a higher tax bracket (the "marriage penalty") making the net income go down. Since you are in San Diego County you may call my office at (619)589-8533 and get a free calculation of guideline child support. Good Luck, Pat McCrary

Re: child support increase

Five years is long enough to warrant a review. Please call me directlt at (619) 222-3504.

Re: child support increase

All those factors you mention can be grounds to modify the support. Either party can request that support be modified at any time. If it goes before a judge, the judge will use a computer program to determine the correct amount of support, which will be based on each party's income and the amount of time each spends with the child(ren).