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Froggys05

Junior Member
What is the name of your state? CA

Hello,
I have a question regaurding my boyfriends case to see if we have to hire a lawyer again.
My boyfriend is the father of a 2 year old, after paternity was determined he began paying $400 in c/s and half of child care as well as taking on the responsibilities of a good father. In June of last year the mother decided she was gonna take the child and move to Oregon, so we hired a lawyer and worked out a visitation scedule so he could see his child. She had a good job and was living on her own before she moved, took a huge paycut and got back on her feet and moved again in Oregon (sec. move) After six months she decided to move back, so my b/f filed a motion after excusing his lawyer, to change custody that she fought but now he has 40% custody. She took a pay cut moving back to CA(third move) and now she is once again unhappy with her roomate and wants to get a place of her own so she wants to raise the support payments to see if she can get more money so she can afford a different place.(fourth move on its way) She thinks that because she is the mother she is entitled to whatever she wants. But i don't see why he should pay for her bad desisions that were not in the best of her child.

Is she entitled to more money now that he has 40% custody? Should we hire another lawyer when we can't really afford it?
 


ceara19

Senior Member
Froggys05 said:
What is the name of your state? CA

Hello,
I have a question regaurding my boyfriends case to see if we have to hire a lawyer again.
My boyfriend is the father of a 2 year old, after paternity was determined he began paying $400 in c/s and half of child care as well as taking on the responsibilities of a good father. In June of last year the mother decided she was gonna take the child and move to Oregon, so we hired a lawyer and worked out a visitation scedule so he could see his child. She had a good job and was living on her own before she moved, took a huge paycut and got back on her feet and moved again in Oregon (sec. move) After six months she decided to move back, so my b/f filed a motion after excusing his lawyer, to change custody that she fought but now he has 40% custody. She took a pay cut moving back to CA(third move) and now she is once again unhappy with her roomate and wants to get a place of her own so she wants to raise the support payments to see if she can get more money so she can afford a different place.(fourth move on its way) She thinks that because she is the mother she is entitled to whatever she wants. But i don't see why he should pay for her bad desisions that were not in the best of her child.

Is she entitled to more money now that he has 40% custody? Should we hire another lawyer when we can't really afford it?
Mom can't just raise the child support because she WANTS to. Typically, if the NCP (your BF) gets MORE time with the child, they pay LESS support. Use this link to figure the amount he SHOULD be paying.

http://www.west.net/~ivguy/calc.htm
 

Froggys05

Junior Member
She thinks that because she makes less and he makes a little bit more that the calculations will show she will get more money, but now he has 40% custody instead of zero when it was originally caculated. So I'm assuming it may show that he has the option to pay less.
 

ceara19

Senior Member
Froggys05 said:
She thinks that because she makes less and he makes a little bit more that the calculations will show she will get more money, but now he has 40% custody instead of zero when it was originally caculated. So I'm assuming it may show that he has the option to pay less.
No one can tell you if his CS will decrease. The actual % he pays should go down based on the amount of time dad has the child. But that doesn't mean the amount will go down. Is he still earning the same income as he was when the CS was originally set? Does mom?

Use the child support calculator (using what you THINK mom's income is now) and you will get a rough estimate of what he should pay.
 

Froggys05

Junior Member
he makes 3 dollars more and i don't know how much less she makes now but when i used the caculator with the 40% custody he has now, it came out to less than what he is paying now!! Should we just look into getting some law advice and hold off on getting the lawyer until we know for sure if he will have to pay more?
 

ceara19

Senior Member
Froggys05 said:
he makes 3 dollars more and i don't know how much less she makes now but when i used the caculator with the 40% custody he has now, it came out to less than what he is paying now!! Should we just look into getting some law advice and hold off on getting the lawyer until we know for sure if he will have to pay more?
Try putting mom's income at zero or even minimum wage (about $800 a month, I think). If it still shows he should pay less, file to have the support modified.
 

VeronicaGia

Senior Member
Ask the court to impute income to her based on what she was making before she voluntarily took two paycuts. She is voluntarily underemployed.
 

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