Legal Question in Family Law in California
CS more than monthly income. I live in China, payment based on unfair pay scale
I'm in a pretty unique situation, where I live in China, but the mother and my daughter live in California. I make LESS than my monthly child support request, which has just doubled in the last month due to [in my opinion] an unfair ruling, that I am a college graduate and should be making $12 an hour. However, I graduated in China, whereas this degree is NOT recognized in America, and here college grads only make $3 an hour. Also the mother spends excessively on clothes for herself, parties, has a history of illegal activities and even drugs. Not to say the daughter isn't being taken care of by her boyfriend of 4 years, my mother and her maternal grandparents, and other family members however. But the money I'm paying is crippling me, I'll be on the streets soon, is more than my monthly income, and is being wasted by the mother. I haven't made enough income to pay payments in the past year, and my own mother has been helping me pay. Do I have any options? Thanks for any advice.
4 Answers from Attorneys
Re: CS more than monthly income. I live in China, payment based on unfair pay scale
The ruling you complain is based on the constructive fact,not the actual truth of your situation.You can provide evidence to prove your actual income.With the help of local attorney,I think they would modify the decision.
Re: CS more than monthly income. I live in China, payment based on unfair pay scale
The issue is your income, not what she spends. Child support is not determined based on the amount of money spent by the custodial parent. You should consider filing an OSC re modification of child support. I'm not sure what happened when they set the support amount, but it doesn't seem correct. If you'd like my assistance modifying your support order, call my office.
Re: CS more than monthly income. I live in China, payment based on unfair pay scale
The issue is your income, not what she spends. Child support is not determined based on the amount of money spent by the custodial parent. You should consider filing an OSC re modification of child support. I'm not sure what happened when they set the support amount, but it doesn't seem correct. If you'd like my assistance modifying your support order, call my office.
Re: CS more than monthly income. I live in China, payment based on unfair pay scale
The issue is your income, not what she spends. Child support is not determined based on the amount of money spent by the custodial parent. You should consider filing an OSC re modification of child support. I'm not sure what happened when they set the support amount, but it doesn't seem correct. If you'd like my assistance modifying your support order, call my office.