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Child Support Modification Guidelines

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stepmom65

Member
What is the name of your state?California.

My husband's ex, just took him back to court for an increase in $$$. She doesn't work and just plops out kids left and right....Anyway, she claims she's behind 3 months ($467 per month) in car payments, utility bills, etc. She hasn't worked and prefers welfare over a real job. Anyway, she was asking for a $500 a month increase, both child tax exemptions (she has no job), hardship for her other 2 new kids and daycare costs (why, who knows, again no job). Anyway, long story short, she was awarded $68 increase, no exceptions and no daycare costs, but had to pay my husband 1/2 of his daycare costs...I know.. I laughed too when I heard this....She was told to get a job!

My Question is: In California how long does she have to wait before asking for a modification again??? My husband's income most likely will not increase significantly, unless he wins the Lotto (which we don't play).

Any ideas??
 


juke

Member
From this site:
http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=CA

"No required frequency, but local child support agencies shall send a notice at least once every three years to each party informing them of their right to request a review. Reviews are conducted upon request of the CP/NCP or by the local child support agency when criteria in K2 are met.

K2: Upon request of either party, when the request is based on the need to include health care, and may be reviewed by the local child support agency, but not required, if the case has been reviewed for adjustment within the last 6 months."
 

stepmom65

Member
Thanks for your quick response. My husband pays all the health care costs and such.

Will the judge get annoyed with someone if they keep filing for a modification, knowing full well that nothing has increased as far as his income, assets, etc.??

Apparently, my husband told me (I wasn't in court), that she argued with the judge after his decision and the judge told her "it's not your ex's problem that you are behind in payments, you have no job and you have more kids to support). She still feels that someone other than herself is responsible for her lack of $$$. She believes that since my husband has had the tax exception for 8 years she should be able to claim for the next 8 years, even though she has no use for it.....The judge told her what we already know, he's the breadwinner, she'd not, end of story....She called my ex directly after leaving court and said she will take him back, because what the judge did was not fair.

Will the courts eventually tell her to stop wasting everyone's time???
Can she be held in contempt if she continues to pursue this???
 

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