Should I pay still? Ca..

[EastBayBeast510]

California

Lost my job almost a year ago. I knew I was losing my job so I Modified my child support, custody and visitation prior to my termination. I went from every 1st, 3rd, and 5th weekend to every Tuesday and Wednesday plus alternating Saturday Sunday and Mondays. My custody and visitation is now at 50/50. I also lowered my support from 600 to 300 per month(never missed a payment). My question is: now that everything is 50/50(visitation and custody) can I modify my child support to 0? All other expenses are split(tuition,medical bills, anything school related). No parent is doing more than the other and no parent is spending more time than the other. So do I have a chance to paying nothing for child support if I take my ex back to court?What is the name of your state (only U.S. law)?

[Ohiogal]

California

Lost my job almost a year ago. I knew I was losing my job so I Modified my child support, custody and visitation prior to my termination. I went from every 1st, 3rd, and 5th weekend to every Tuesday and Wednesday plus alternating Saturday Sunday and Mondays. My custody and visitation is now at 50/50. I also lowered my support from 600 to 300 per month(never missed a payment). My question is: now that everything is 50/50(visitation and custody) can I modify my child support to 0? All other expenses are split(tuition,medical bills, anything school related). No parent is doing more than the other and no parent is spending more time than the other. So do I have a chance to paying nothing for child support if I take my ex back to court?What is the name of your state (only U.S. law)?

What is your earning potential versus her earning potential?

[mistoffolees]

What is your earning potential versus her earning potential?

I'd also like to know what he means by "I modified child support, custody, and visitation". That's not something that can be done unilaterally.

Even if both parties agreed to it, it's meaningless unless they submitted it to the court for approval.

[cyjeff]

And certainly can't be done PRIOR to a change in circumstances.

"I think I am going to get fired" typically doesn't go far in court.

[EastBayBeast510]

What is your earning potential versus her earning potential?

Mine is 810 per month.. Hers I'm assuming is way more.. She has a full time job as a receptionist.. Based on previous pay I'm guessing it's over $15/hour

[EastBayBeast510]

I'd also like to know what he means by "I modified child support, custody, and visitation". That's not something that can be done unilaterally.

Even if both parties agreed to it, it's meaningless unless they submitted it to the court for approval.

She had no lawyer when we went to court.. She basically gave me what I asked for.. I asked for the visitation schedule.. I asked for lowered child support.. And she agreed to everything.. All in front of a judge..

[EastBayBeast510]

And certainly can't be done PRIOR to a change in circumstances.

"I think I am going to get fired" typically doesn't go far in court.

CANT BE DONE PRIOR? Wrong.. It can be done and I am proof that it WAS done.. The whole company shut down and they gave us 6 months notice.. Why is this so hard to believe?

[stealth2]

There's a difference between a planned shut-down and "I think I'm going to get fire". So simmer down.

How is it that you make less than $5/hour? Are you working at all? Maybe it's time to do something to increase your income?

Since you recently had a downward mod, don't expect another anytime soon.

[EastBayBeast510]

There's a difference between a planned shut-down and "I think I'm going to get fire". So simmer down.

How is it that you make less than $5/hour? Are you working at all? Maybe it's time to do something to increase your income?

Since you recently had a downward mod, don't expect another anytime soon.

unemployed..

[stealth2]

Okay - and what are you doing to find employment?

[EastBayBeast510]

Okay - and what are you doing to find employment?

when my company shutdown they offered to pay for school/training.. im currently enrolled in a trade school while receiving unemployment benefits.. usually people arent supposed to receive unemployment while attending school but my case is special circumstance because of the company shutdown..

[stealth2]

And how much longer will this training program take? What is your anticipated earning potential at that point?

[EastBayBeast510]

And how much longer will this training program take? What is your anticipated earning potential at that point?

training runs until the end of the year.. then i have to do 960 hours of unpaid internship/externship.. which breaksdown to 6 months full time or 1 year part time.. im hoping to go the full time route but nothing is guaranteed.. my unemployment benefits last until april 2012..

[stealth2]

Okay. So - this was presumably all taken into account when you filed for the modification prior to/in anticipation of the shutdown, yes?

(BTW - what do you intend to do between April 2012, and when your unpaid internship ends - when you will presumably be earning NO money?)

[EastBayBeast510]

Okay. So - this was presumably all taken into account when you filed for the modification prior to/in anticipation of the shutdown, yes?

(BTW - what do you intend to do between April 2012, and when your unpaid internship ends - when you will presumably be earning NO money?)

at the time i was still working but was informed of termination.. we weren't told about the paid schooling until it got closer to shutdown.. so when i filed for modification it was assumed that i would just look for another job.. as for after April2012, like i said earlier, im hoping to take on a full time externship.. but if my externship cannot be completed before then.. then yes.. no income..