Legal Question in Family Law in California
child support reduction
My ex-husband wants to reduce my child support payments because he is remarried and has a child with her and he informed me he was able to reduce my payments because support money should be allocated to all 3 children. Is this true? Is this a reason my child support payments would be reduced?
1 Answer from Attorneys
Re: child support reduction
What your ex-husband said is not true.
He does not have a right to reduce the child support because he has another child(ren). Child support is never reduced automatically.
All parents have a right to file for a child support moidification, if something material has changed since the court last calculated the support. Your ex could potentially claim that his new child is a "hardship" and could apply to the court to reduce his net income. (The hardship would amount to an additonal deduction when going from gross income to net income). Such a hadship is hard to receive from a court.
If you have further, questions please contact our firm.
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