The person recently filed in CA to change their child support after switching from 90% custody to 50%. The child’s father is in jail and earns about $10k more than the person, but their support amount just increased. They don’t understand why this happened. They feel frustrated, are in debt from high support, and can’t afford a lawyer. Local services haven’t been helpful. LA county is overwhelmed, and they can’t reach anyone. They wonder if there’s anything they can do now and if they are stuck. Any advice or similar experiences would be appreciated.
It’s normal to feel frustrated about this child support issue. Here are some tips:
- Look for Legal Aid: Check for free legal assistance in your area.
- Get a Breakdown: Ask for details on how the new support amount was calculated.
- Try Mediation: A mediator might help you find common ground.
- Keep Trying: Stay in touch with DCSS and keep records of everything.
- Take Care: Consider joining a support group or seeking counseling.
You’re not alone in this; many face similar challenges. Don’t lose hope.
@Kirby
I’m not a lawyer, but CA has a child support calculator that’s usually followed by judges. You can find it online. If she earns more and you have 50/50 custody, you should be paying less. Something seems off if your payments went up. Maybe she’s hiding income or there’s more info we don’t know. Use that calculator and consider re-filing for an adjustment. It might take time but could help. My lawyer said judges in CA don’t have much leeway on this.
Check the child support guidelines for your state to understand why your payments increased. If she’s providing health insurance for the kids, that could factor in too. Consider talking to an attorney or finding a father’s rights group that can review your situation and help you figure out what you should be paying. I don’t understand how you’re paying more with 50/50 custody.
Did you have any outstanding payments from before?
Corey said:
Did you have any outstanding payments from before?
I had one missed payment during the transition to garnished wages. I sent the check, it cleared, and now my payment is higher. I’m confused about the timing.
@Amani
Have you received the new court order? If not, you should request it right away.
Corey said:
@Amani
Have you received the new court order? If not, you should request it right away.
Not yet, but I just emailed to get one. Thanks!
Corey said:
@Amani
Have you received the new court order? If not, you should request it right away.
Not yet, but I just emailed to get one. Thanks!
That’s the first step you need to take.
Carefully review the order you received; it should clarify the reasons behind the amount. Seems like you might be missing some details. No state would require the lower-earning parent to pay more to the higher earner in a 50/50 setup without special reasons. Act quickly, as you usually have limited time to appeal.
@Hayden
I haven’t seen the order yet, so it’s strange that my employer has the info before I do. I thought we had 50/50 custody, I earn less, and we live close. Thanks for the advice; I’ll reach out to the case manager for clarification and will update everyone.
@Amani
If it’s truly 50/50 and she earns more, this doesn’t add up. Does she have him on her health insurance? How much did your support increase? Was it from $100 to $200 or from $600 to $900?
I’m not in CA, but I have 50/50 custody with my kids. One mom doesn’t work, so I pay her. My other ex earns much more than me, and she pays me. You’ll need to see the court order to understand why it changed.
@Hayden
She has him on her insurance, which might be a factor, but my payment went from $680 to $798. We have 50/50 custody aside from that. He’s in school part of the week, so I didn’t count that time. Did I mess up there?
@Amani
Probably. The courts usually consider overnight stays. Did you clearly show equal custody in the papers?
Hayden said:
@Amani
Probably. The courts usually consider overnight stays. Did you clearly show equal custody in the papers?
I think I made a mistake there. Maybe I should have included the time he’s in school as part of my days? I have him overnight Mon-Tues, Wed-Thurs, and Fri-Sat nights.
@Amani
That doesn’t sound like 50/50 custody. That’s only 3 out of 7 nights.
@Amani
You really switch off every single day.
Nolan said:
@Amani
You really switch off every single day.
Yeah, it worked fine when he was little, but it’s not great now.
@Amani
Exactly…
Just following this thread. I wonder if there was a mistake or if the court is just unpredictable.