Two questions about child support in California. My daughters mother (we were never married) recently lost her job. She is now on unemployeement, but is still requesting that I pay my half of child care. In addition, she is asking that my child support payments go up to reflect that she is now only getting $1000 a month for unemployement. Can she do that even though she is not working?
Second questions, when i have additional children with my wife, how much can i expect my child support payments to go down to the mother of my daughter? What if we have two additional children?
Thanks in advance. It is nearly impossible to get answers to these questiosn from CSS.
2007-01-29 15:47:38 · 10 answers · asked by ferris_ca 1 in Family & Relationships ➔ Marriage & Divorce
Your basically screwed!!! You needed to file for joint custody of the kid..If you are just paying the mom, she will most likely stay on unemployment or welfare and look for pay raises by getting more out of you....You could quit your job and go on unemployement until she finds one...
2007-01-29 15:54:59 · answer #1 · answered by stan w 3 · 0⤊ 0⤋
First you are only obligated to pay child support as the result of a court decision. To make that payment go up or down requires another court decision.
The woman who is collecting child support can't change the amount of the support without taking the case to court. Legally that wouldn't be fair. By the same token you can't reduce your payment amount unless you go to court, with your daughter's mother and have a hearing before a judge. You can volunteer to pay more, but that is your decision and has no legal requirement.
Furthermore legally the child support payments you make must be used to pay for the care of the children. Since this is true you can ask for an accounting of her bills and where her money goes. Again you need to file a request through the court. This is useful if you suspect that the mother may be misusing the funds. It can also be a big pain in the rear end for the mother, since she has to comply.
2007-01-29 23:59:49 · answer #2 · answered by Dan S 7 · 0⤊ 0⤋
First off your CS will not go down should you decide to have more children. Secondly in most states you can only go back every couple of years for a support readjustment check into that. Third if the child is still in day care or whatever she is in that you have to pay for 1/2 of child care you have to by law if it is in the court order continue to pay for it.UNLESS the child is no longer going. Child support in general is not based on the mothers income if the mother has custody but instead on the fathers.
For example my court order stated my ex pay x amount of dollars, he and his new wife had a baby. My support did not change. They divorced he is now paying child support to both of us, mine did not change. Understand?
If your salary decreases you can request a revision just like if your salary goes up she can request one and she can request one every couple of yrs.In TX its every 3 yrs in Wisconsin its as the person paying support requests
2007-01-29 23:55:32 · answer #3 · answered by texas_angel_wattitude 6 · 0⤊ 1⤋
Your child support should not have to go up just because the mother lost her job. She can still work, can't she?
And just because you have children with someone else, you still have to pay child support to the children that were already there based on your incomes, not the number of children that you have.
2007-01-29 23:57:25 · answer #4 · answered by Susan M 1 · 0⤊ 0⤋
Yes she can request that for child care if she is out looking for work. You will have to pay the same amount until a court order tells you that you don't. So you should stop having kids with woman you don't like. And stop all together if you can't afford them.
2007-01-30 00:09:52 · answer #5 · answered by MotherMayI? 4 · 0⤊ 0⤋
Sorry to be vauge, but it really depends on your judge. He/she may order an increase in your child support, but should also factor in that if she is on unemployment that she should not need child care (so in the end you might not be paying any more money monthly). Again, the decrease in payments after having more children will depend on your judge. Keep in mind that they do not have to decrease the payments to your first child just because you decided to have a second one. They may decrease it slightly because you would have a larger family to support, but there are no guarantees in these matters because your judge is the one making these decisions in CA!
2007-01-29 23:56:15 · answer #6 · answered by Nurse Jacqui 3 · 0⤊ 1⤋
Speak to a lawyer first. I don't see a need to pay child care for children who aren't in daycare, if they're not. I don't know how you pay for child care but at the center I worked at we had dad's bring their payments in.
I've never heard of your child support payment going down when you have a kid, but I'm not from CA.
2007-01-30 00:16:58 · answer #7 · answered by Tasha 4 · 0⤊ 0⤋
tell your childs mother that if she gets another job you will up the support, win win right, everything in best of the interest of the cild? your child payments will never go down, the cost of a child will only go up, but dont worry your helping her to grow into a strong young woman who will repsect you for always providing for her !!
2007-01-29 23:55:30 · answer #8 · answered by Jane Doe 3 · 0⤊ 0⤋
you're having children with new wife doesn't affect your child support payments. and yes she can petition the court for more due to her reduced income
2007-01-30 00:39:02 · answer #9 · answered by singledad 7 · 0⤊ 0⤋
Go back to court.
2007-01-29 23:53:56 · answer #10 · answered by mamabear 6 · 0⤊ 0⤋