Legal Question in Family Law in California
Child Support Modifcation after moving from WA to CA
I have full custody of my two girls, ages 13 and 17. We moved here from WA state where the child support was ordered. My ex pays $750/mo for both girls. We are finding this is just not enough, as our rent is $1850/mo and groceries/gas, etc., is very high. My ex makes approximately $30/hr, has a $400/mo rent no car pmt, expenses totalling less than our rent per month. I need to get this modified, and he is ''amicable'' to modifying it, but wants to not go through the courts. What figure should I come up with to tell him? I have the girls 100% of the time, and he argues when I want to send them to WA as he ''just saw them 5 months ago'', etc. They stay with MY MOM when they go up, as he never got more than a one bdrm apt for the past 7 1/2 years. He has approximately $350,000 in the bank/CD/TSA from inheritance and savings, and sale of our house, but yet he says ''he's broke''. Should I go ahead and go through courts or should I tell him a figure? I make approximately $45,000/yr. Thank you
3 Answers from Attorneys
Re: Child Support Modifcation after moving from WA to CA
It appears you need to work out an arrangement that the courts will "bless". I recommend you retain competent counsel to look at the entire matter, both incomes, assetts, etc. California courts make such arrangements based on all property, income, etc. 800-685-6950
Re: Child Support Modifcation after moving from WA to CA
without at least filing such an agreement with the court, you stand to open yourself up to possibly accepting an unenforceable contract regarding the modification you seek now. typically a device known as a dissomaster is used in such calculations, and if your ex breaches an unenforceable support agreement modification, your rights could be severely limited, as is the case with one of my current clients who in fact entered such an agreement without getting it approved by the court. thus, if you would like to avoid this potential outcome, i strongly suggest that you retain legal representation in so much as at least putting together an amicable yet enforceable agreement with your ex and then filing it with the court having jurisdiction of your matter promptly. if you would like such assistance here, please email me with your contact information and we can give you a free case evaluation over the phone.
Re: Child Support Modifcation after moving from WA to CA
According to the dissomaster pogram, if your husband makes $30 per hour and you have 100% custody, and he has no other "hardships", then he owes you over $1300 per month!--This figure, of course, may change depending on various criteria which I would need to know in order to give you a more reliable figure.
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