I am the custodial parent (mother) and the non-custodial parent (father) is currently ordered to pay X amount for our 5 year old son. I am married now and having another baby due next month. I will be a stay at home mom... so my question is this. Does the support for my son go down or up since my son will no longer need daycare although we will now be on 1 income? The father wants to modify the support now so I was wondering if it will go down or actually be more since I wont be working at all? Thanks
2006-12-29 09:48:09 · 5 answers · asked by yzirkel95 1 in Family & Relationships ➔ Marriage & Divorce
I think you're safe in the state of California. I don't think the father is going to be able to reduce the child support payments because you are having a baby with another man. If the father was having another child, then the courts take that into account that he now has two mouths to feed. Depending on his income that might reduce the amount of CS you receive.
2006-12-29 10:14:57 · answer #1 · answered by CA DIVA 4 · 2⤊ 1⤋
It could go up, down or stay the same. It depends when the child support was reviewed and if his income has gone up, down or remained the same. California's child support law is based on both biological parents' income. There is probably a chance of imputed income based on your previous earning potential. It is also based on the amount of time the child is with the custodial parent. I have included a child support calculator within the Resources section.
2006-12-29 19:58:32 · answer #2 · answered by dawncs 7 · 0⤊ 0⤋
Whether you work or not has nothing to do with your son's child support. The support is NOT for you, it is for the child. Since HIS financial needs won't be changing you will deffinately NOT get more. The fact that you're not working is only going to affect YOU and not your son financially. His child support is not there for you and your new husband and child to live on and your ex has every right to have support reduced since you will no longer be paying for child care.
2006-12-30 03:47:04 · answer #3 · answered by Anonymous · 1⤊ 0⤋
With the cost of daycare here I'm sure you were working just to pay that bill. More then likely they will balance out each other and stay about the same. You might only have one income now but your daycare expense is also gone....
2006-12-29 18:00:55 · answer #4 · answered by WENDY G 6 · 1⤊ 0⤋
Your ex is not responsible for funding your chosen lifestyle. The child support he pays is for HIS son, not your upcoming child with your new guy. If he is currently giving money for day care, and you are not going to be sending your son to day care, this means he does NOT have to pay you. That money is to help with your sons food, clothing, and shelter. Its not money for you to cover your own cost of living.
2006-12-29 19:36:05 · answer #5 · answered by Bonzai Betty 6 · 0⤊ 1⤋