Legal Question in Family Law in California
Can my original child-support agreement be reviewed or amended?
When divorced 2 years ago, I was earning 4,000 per mo. & wife was earning 3,000. At the time I agreed to 600 per mo. (2 children) plus 1/2 daycare costs & 1/2 educational expenses. Also gave her the house (no equity at time, but tax write off) and the legal right to claim head of houselhold and both children as dependents. I had no attorney; we handled everything through her attorney.
Current situation is: I am now earning 4,500 per month. Her income is between 6,500 and 8,500 per month (double or possibly triple what she was earning at time of divorce).
I have the children (physically) approximately 29% of the time. What are my options? I would not seek support, but would welcome relief of my current 600 per month. Is this a possibility?
3 Answers from Attorneys
Re: Can my original child-support agreement be reviewed or amended?
The court has continuing jurisdiction to modify child support. The change of income you describe would qaualify as a significant change in circumstances. You should contact an attorney in regard to the amount of child support you would have to pay. More information is required to determine the amount of support that would be determined by the official computer program for child support. Information regarding interest paid on home mortgage and interest, mandatory union dues, retirment.
Re: Can my original child-support agreement be reviewed or amended?
Just based on those numbers, child support would drop by about 1/2. If you were entitled to spousal support, it would be a wash.
Re: Can my original child-support agreement be reviewed or amended?
File for an OSC to modify support but get your own lawyer this time. Call me directly at (619) 222-3504.
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