Legal Question in Family Law in California
I filed for a motion to modify child support. Ex and I attended mediation we agree to have them 50/50, however, because she is not working and she cannot afford daycare she is taking care of the 3 kids. However, the judge imposed child support for me to pay ex because she has them most of the time. I am afraid she is not going to bother looking for a job as she is getting all these money, and I'll be stuck with these payments for a long time. I am compromising what I can spend on our kids when they are with me, because I can't buy them toys, clothing, food. I even had to cancel cable because I can't no longer afford it. What can I do to reduce my child support?
2 Answers from Attorneys
File new Motion to Modify. You have to prove to the judge that she can work and can earn money.
You are not going to get a modification unless there is a change in the amout of time the kids spend with each of you. Support is always going to be based on actual time with each parent. What you need to do is go in on a motion for a find-work order. Those are issued almost as a matter of course. If she then doesn't find work, you can go in for a modification to what support would be if she was working, but only if you can prove that she could find work if she was really trying. That is a pretty complicated process, that you would need at least some guidance from an attorney to accomplish.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
