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modification question

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mamah

Member
What is the name of your state? California

My ex and I came up with a marital settlement agreement which included the amount of support he would pay. He agreed to the amount! Now, he has gone off and created a bunch of bills for himself and spend every bit of credit he can. Now he is telling me he can't pay the amount we agreed upon. To tell you the truth, he may be right. Considering all the debt he's accumulated he probably can't afford to live. But on the other hand, I feel like the reason he can't pay his bills is because he's been living out of his means and spending more money than he has. If we went in for a modification, would the judge change the support amount just because my ex has decided to spoil himself (his words) and create all these bills?
 


nextwife

Senior Member
Is the amount he has been paying consistant with the states' CS guidleines, or is it MORE than what is required for his income? If he is paying ABOVE quidelines, he would likely be entitled to have the CS set at guideline. If he is at guideline, he cannot use his debt to reduce his CS payment.
 

crystaly

Member
Remember California Courts do not care how much money you owe to other people. They only care about how much money the child is entitled to to make there standard of living just as high as if they were still in a two parent family. It's his income and amount of time spent with child that are mostly considered. Unless his income has changed or he is paying above the Guideline amount he will just be waisting his time or could possibly end up getting his child support raised.
 

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