Legal Question in Family Law in California
i had a court case in 2008 where i was awarded 35% custody and paying a lot of money in child support. since then things have changed, i.e.. i am now married with a girl that has 2 kids, my ex wife re married and has a new baby and is making more money than in 2008. Also, in the original court order i was only awarded wednesdays as my only overnight day during week, but since then she has allowed me to keep him on everyother thursdays as well as wed, but the thursdays that i keep him are not in court orders.
Based on the changes that have occured since 2008 do you think i can go back to court to get my child support revised and maybe lowered?
Please help.
2 Answers from Attorneys
Without question you can get a modification. You should get a consultation with an attorney to do a child support calculation. It may not be worth your while, or it may be worth a great deal. Your child support could even go up. I professional consultation will take the risk out of filing a motion. Good Luck, Pat McCrary
Pat is exactly right. That is a big bunch of changed circumstances that warrant a review and possible modification of the existing order. You should definitely have it reviewed for whether it would benefit you, though. Your wife having a new baby will lower the amount she is expected to contribute to your child, which could increase your support payment more than her increased income lowers it. Your new wife's kids don't count into it, unless you do a step parent adoption.
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