Legal Question in Family Law in California

Divorce Appeal for Child support

Sir, I am in the military and paying $670/month for child support. I have seen in the records before that, I have to pay $620 and just added $50 dollars for the extra expense of my child. my child goes to a private, goverment funded school so his school is free. I am now married and my ex-wife recently got married as well. My ex-wife already has a child with his new husband before they got married. We have a dissolution of marriage already awarded last year of August. I got married December2008 and she got married January 2009. Is there any way that I can modify my child support. Our salary falls in the same bracket of $2500+ but not more than $3000. I proposed it to her and she got upset with it. I ask her some records of my child expense but she never gave it to me plus she file's her taxes with my son as dependent. She do not like that idea as well that I file for my son. I hope you can give me guidance on this issue. Thank you sir.


Asked on 3/26/09, 12:42 pm

2 Answers from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Divorce Appeal for Child support

There have been changes to both your and your ex's circumstances since the last child support order, so you may modify it.

The person who provides the majority of the support for the child (typically 51% or more of the timeshare) is entitled to the tax deduction.

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Answered on 3/26/09, 7:02 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce Appeal for Child support

Before you apply to modify child support you should run the computer program to determine whether support will go up or down and how much. As for the $50 per month provide receipts of the payments and ask for credit for the payments, assuming that they were not court ordered.

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Answered on 4/02/09, 10:14 pm


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