Legal Question in Family Law in California
Modifying child support in a different state
How do I go about modifying a child support order from Oregon? We are now both CA residents, and the CO states that it is joint custody, but she has physical custody, with me having them EOW. In reality, I have them every weekend, Friday-Sunday.
We verbally agreed to change that amongst ourselves, and I get them for one school year, and she gets them for the next. I pay CS thru CSE. When they are with me, she returns my CS, and pays for daycare. She sees them EOW. Now she wants them back with me, but wants to reduce her CS payment to me. She views the CS as her money, and sees it as a favor that she returns it to me when the kids are with me full time.
She makes twice what I do, but wants to pay the same amount that I pay out in CS. I told her that I cannot afford to make ends meet with that. How do I go about modifying the CO in CA? Do I need to go thru Oregon again?
2 Answers from Attorneys
Re: Modifying child support in a different state
Register the Oregon child support order in California and then file a petition to modify child support. You and the ex should agree on which county the order is to be registered.
Re: Modifying child support in a different state
unless OR reserved jurisdiction (read the order to find out), you can file a motion to change jurisdiction. once that is approved, you can modify the cs order.
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