please please please help :(

[iramirez7]

What is the name of your state (only U.S. law)? I live in Southern California.

About two years ago, my son got taken away by his father who he had not seen in over two years. My son was only three at the time, after a very very very long and expensive custody battle I got full custody back of my son, but unfortunately a whole lot of debt from it. I knew it was my responsibility to pay back everything that I needed to pay for, but it left me in a very very tight budget. I lost both of the jobs I had because I had to relocate to Northern California where my son was at where I couldn't find a job there. Now both of my children and I had to move back to my parents house since I wasn't able to afford living on my own and I am going to school full time. My son's dad was originally ordered to pay 392 a month of child support now he filed a modification to just pay 100. I understand he has to pay child support for another child, and he has a new family that he provides for but what about my family. We are set to go to court in about two months for this trial. Any advice? I wish I had the funds to get a lawyer. So please anything would greatly be appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? I live in Southern California.

About two years ago, my son got taken away by his father who he had not seen in over two years. My son was only three at the time, after a very very very long and expensive custody battle I got full custody back of my son, but unfortunately a whole lot of debt from it. I knew it was my responsibility to pay back everything that I needed to pay for, but it left me in a very very tight budget. I lost both of the jobs I had because I had to relocate to Northern California where my son was at where I couldn't find a job there. Now both of my children and I had to move back to my parents house since I wasn't able to afford living on my own and I am going to school full time. My son's dad was originally ordered to pay 392 a month of child support now he filed a modification to just pay 100. I understand he has to pay child support for another child, and he has a new family that he provides for but what about my family. We are set to go to court in about two months for this trial. Any advice? I wish I had the funds to get a lawyer. So please anything would greatly be appreciated.

He might get a reduction, but unless he was paying significantly more than he should have been, it's not going to be anywhere NEAR an almost $300 reduction!!

Go here, and plug the numbers. https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

Do not roll over on this one.

 

[wavehopper27]

You going back to school full time is often referred to as being voluntarily underemployed. You are choosing school over supporting your kids. Any support modification the judge orders will be calculated using whatever full time salary you are capable of earning.

 

[LdiJ]

You going back to school full time is often referred to as being voluntarily underemployed. You are choosing school over supporting your kids. Any support modification the judge orders will be calculated using whatever full time salary you are capable of earning.

While that is true, its still not going to cause dad's child support to go down to 100.00 a month.

 

[wavehopper27]

While that is true, its still not going to cause dad's child support to go down to 100.00 a month.

Without knowing what dad earns and what mom is capable of earning, you don’t know that.

 

[LdiJ]

Without knowing what dad earns and what mom is capable of earning, you don’t know that.

This isn't a brand new order, its a modification. Mom was employed when the previous order was set.

 

[wavehopper27]

Maybe dad got laid off, maybe mom now is capable of earning more due to school.

There are too many unknowns to make any conclusions on what will or will not happen.

 

[CourtClerk]

This isn't a brand new order, its a modification. Mom was employed when the previous order was set.

Ummm... I had a support order go from $1700 to $300 due to hardship deductions, so please don't speak what you don't know. You're not that adept with dissomaster issues.

 

[not2cleverRed]

Maybe dad got laid off, maybe mom now is capable of earning more due to school.

There are too many unknowns to make any conclusions on what will or will not happen.

If OP is to be believed, reading between the lines the reasons dad is citing are (1) he is paying child support for another child, and (2) he's starting his own family, and needs to support them.

Creating more children doesn't decrease your obligation to the previously born or acknowledged children.

So, if there is a newer child support order for another child, most likely that child support order took into account OP's order.

If Dad has set up housekeeping with someone with children not related to him, he also has to remember that in matters of child support, his legal child(ren) come first.

If Dad has had an involuntary decrease in income, he would best lead with that fact first.