Legal Question in Family Law in California
Child Support
Will my child support payments decrease to my ex since I now have a baby? The court order was established in 2004. My ex works full time and now has a part time job that may be under the table.
1 Answer from Attorneys
Re: Child Support
Your child support should decrease based upon what you write, but there could be factors you aren't mentioning. Your new child can be considered for a hardship deduction, which will always reduce support. If your ex is working making more money than in 2004 (and you have some proof about the money she makes in the second job), and you aren't making more money than in 2004 relative to her, support should go down. My website has a link to the child support calculator, take the numbers used in 2004 if you know them, input them and see if there is a difference. If it seems so, file for modification -- and be warned, support can only be modified from the time the court papers are filed, so all the time that goes by is lost.