• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Other kids

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Mommyto2706

Junior Member
What is the name of your state?TX
What are the guidelines in CA if yoiu are to pay child support for one child but you have 2 others with another person who you are living with and supporting?? does that affect your support ?? can you modify your support based on the need to provide for your other children as well?
 


king sol

Member
Child support will take into consideration the actual filing status you are in and your current living situation including dependents.

Instead of your child support being calculated as a single man with no dependents, it will be figued based on you as possibly "head of household" or "married" with exemptions for wife and two children.

Are the children yours? Is the new little lady, your wife?

The guidelines are available for viewing at www.legalinfo.ca.gov in the family code beginnning, I believe, with 4055
 

stealth2

Under the Radar Member
That link doesn't work. And additional children "may" be considered in a modification but not necessarily.
 

Mommyto2706

Junior Member
I am his fiance

I am his fiance we have been together since his ex was pregnant. he is now head of household and supports myself and our 2 kids together ( 4 year old and 3 month old)
 

Shay-Pari'e

Senior Member
Sorry, but if he has an existing order for support for the child in CA, that is not going to change. That amount will stay the same. It doesn't matter if he had two more children after the fact.

Now, if you were to try and get support from him in the future, guess what? His first order for the first child stands, and you get what is left.
 

Mommyto2706

Junior Member
modification??

can his order not be modified to what he is actually making? he is ordered under presumed income from 5 years ago. he only makes about 1600 a month and is paying 440 i was advised by dccs that he could get a modification taking his pay and other children into account are they wrong?
 

Shay-Pari'e

Senior Member
Mommyto2706 said:
can his order not be modified to what he is actually making? he is ordered under presumed income from 5 years ago. he only makes about 1600 a month and is paying 440 i was advised by dccs that he could get a modification taking his pay and other children into account are they wrong?
1. Why is he not still making the income of 5 years ago?
2. If he took a lower paying job, again, that was his fault and the order will most likely change. Is it the childs fault that Dad may have taken a lower paying job? NO
3. Same with the children you have. Do you think the standard of living for the first child change because he chose to have two more and take a lower paying job?(If he did).

4. The state of CA does not look at it that way. The problem is that he has an "EXISTING" order for the first child, the state of CA has jurisdiction of that order. If there were no order to begin with and Mom walked into court for support, then and only then would his subsequent children make a difference.

5. His support order is now a debt.....like I said.......If you were to file for support down the line, he includes that debt on his income, and you get what is left.
 

Mommyto2706

Junior Member
no

He didn't take a lower paying job and I gave no indication that his first child deserves any less however his first order was on presumed income given by his ex who stated that he made over 3000 a month and because he did the stupid thing and didn't go to court she was awarded ehat she wanted. and to give you more info I had an order against him for a period of time and did not get "what was left over" I got what it would take to support my child. however he just got off the phone with the local Dcss in that county where he was told he could modify it due to the fact that he has other children and a lower paying job. I believer our children have just as much rights as his first to get adequate support.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top