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change in circumstances

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n3opsyth3

Junior Member
What is the name of your state (only U.S. law)? CA

Precendence: i was ordered to pay child support in the amount of $803 a month
while I was in the military, and married

now sadly i'm divorced, unemployed and out of the military but i'm a full-time student using my G.i. bill, while i was receiving unemployment i was able to still give a portion of my unemployment earnings, but still the rest would be added to arears, can i have a modification done, i signed my rights over to the mother:rolleyes:, who does not let me see my daughter because it causes problems for her family and husband i've been paying this for about 5 yrs and it's just a whole that keeps getting deeper, and impedes me from getting a job because they keep suspending my license. is my G.I. BILL tangible by Child Support? frankly, i'm tired of being a number and tired of being in this hole. my circumstances aren't what they used to be:(
but i am also wondering about visitation because I love my child and don't want miss her whole life... i'd appreciate the help or a point in the right direction.

i tried to file for a modification but the court family facilitator told me my child support might go up because of my 0% visitation
yet i don't understand how it goes up if i don't work, i'm a full time student , and i can't see my child!?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? CA

Precendence: i was ordered to pay child support in the amount of $803 a month
while I was in the military, and married

now sadly i'm divorced, unemployed and out of the military but i'm a full-time student using my G.i. bill, while i was receiving unemployment i was able to still give a portion of my unemployment earnings, but still the rest would be added to arears, can i have a modification done, i signed my rights over to the mother:rolleyes:, who does not let me see my daughter because it causes problems for her family and husband i've been paying this for about 5 yrs and it's just a whole that keeps getting deeper, and impedes me from getting a job because they keep suspending my license. is my G.I. BILL tangible by Child Support? frankly, i'm tired of being a number and tired of being in this hole. my circumstances aren't what they used to be:(
but i am also wondering about visitation because I love my child and don't want miss her whole life... i'd appreciate the help or a point in the right direction.

i tried to file for a modification but the court family facilitator told me my child support might go up because of my 0% visitation
yet i don't understand how it goes up if i don't work, i'm a full time student , and i can't see my child!?
Please read some other threads on this forum. Or even use the search engine. Your questions have been asked 10,000 times, at least.

You have the right to visitation under your court order. If Mom refuses, you can file for contempt. If there is no court order, request one. Your failure to see your child is not entirely Mom's fault.

You can not give up your parental rights and responsibilities to get out of paying child support. Even if you never see the child, child support is due.

If there is a change of circumstances, it CAN be used to modify child support. However, in your case, the change is voluntary (going back to school), so the court may decline to lower your child support.

That's the gist of the answer, but read some threads for more detail. It has been spelled out over and over.
 
Child support and visitation are separate issues. Your child support will be neither increased or decreased based solely upon your visitation with your child.
 

stealth2

Under the Radar Member
Child support and visitation are separate issues. Your child support will be neither increased or decreased based solely upon your visitation with your child.
In many states, this is untrue. I don't know if CA is one of them, but timeshare CAN affect child support.
 

stealth2

Under the Radar Member
California is one of the states where time share can affect child support.
I thought it might be, but really didn't feel like looking it up. It's nice to finally have a day off w/no family obligations. I love them and all, but it's been a long time!
 

n3opsyth3

Junior Member
Please read some other threads on this forum. Or even use the search engine. Your questions have been asked 10,000 times, at least.

You have the right to visitation under your court order. If Mom refuses, you can file for contempt. If there is no court order, request one. Your failure to see your child is not entirely Mom's fault.

You can not give up your parental rights and responsibilities to get out of paying child support. Even if you never see the child, child support is due.

If there is a change of circumstances, it CAN be used to modify child support. However, in your case, the change is voluntary (going back to school), so the court may decline to lower your child support.

That's the gist of the answer, but read some threads for more detail. It has been spelled out over and over.


You can say it's been spelled out over and over again, but then again i've used the search engine, and the post's aren't the same. now Let me ask you Shay- What do you know about military contracts? you said it was Voluntary, Did you know I Was only supposed to be in for about 8 yrs not 9 1/2 but because i was depoyed in iraq i was considered a (national Asset) and got held there for about another year and a half? no It's not Voluntary, It has not stopped me from looking for work, Which i've gotten an Offer from the FBI. I'm Not stretching the truth, these were my circumstances, and they are unique, what do I gain in reading someone else's forum topic if only part of it pertain to me? Believe me i've looked. seeing as you only said child support is due, i'm not saying it's not, But i did say if i would get a modification or if it may help. does that make sense? i gave up parental rights because there was some medical circumstances that couldn't be helped on solely the mother's rights alone while i was in IRAQ. Now,:D see how different that is from other post's.
 

TheGeekess

Keeper of the Kraken
You can say it's been spelled out over and over again, but then again i've used the search engine, and the post's aren't the same. now Let me ask you Shay- What do you know about military contracts? you said it was Voluntary, Did you know I Was only supposed to be in for about 8 yrs not 9 1/2 but because i was depoyed in iraq i was considered a (national Asset) and got held there for about another year and a half? no It's not Voluntary, It has not stopped me from looking for work, Which i've gotten an Offer from the FBI. I'm Not stretching the truth, these were my circumstances, and they are unique, what do I gain in reading someone else's forum topic if only part of it pertain to me? Believe me i've looked. seeing as you only said child support is due, i'm not saying it's not, But i did say if i would get a modification or if it may help. does that make sense? i gave up parental rights because there was some medical circumstances that couldn't be helped on solely the mother's rights alone while i was in IRAQ. Now,:D see how different that is from other post's.
Mom may have SOLE physical/legal custody because you were in Iraq, but that does not clear you of the CS obligation. You can always file for visitation. :cool:
 

sandyclaus

Senior Member
You can say it's been spelled out over and over again, but then again i've used the search engine, and the post's aren't the same. now Let me ask you Shay- What do you know about military contracts? you said it was Voluntary, Did you know I Was only supposed to be in for about 8 yrs not 9 1/2 but because i was depoyed in iraq i was considered a (national Asset) and got held there for about another year and a half? no It's not Voluntary, It has not stopped me from looking for work, Which i've gotten an Offer from the FBI. I'm Not stretching the truth, these were my circumstances, and they are unique, what do I gain in reading someone else's forum topic if only part of it pertain to me? Believe me i've looked. seeing as you only said child support is due, i'm not saying it's not, But i did say if i would get a modification or if it may help. does that make sense? i gave up parental rights because there was some medical circumstances that couldn't be helped on solely the mother's rights alone while i was in IRAQ. Now,:D see how different that is from other post's.
So, if you have an offer for work, what is stopping you from taking it? Here in California, a refusal of an offer for work can be considered grounds to have your unemployment benefits cut (since it becomes a choice to remain unemployed).

If you CHOOSE to go to school instead of working, then your choice should not penalize your child from receiving the support they deserve. That choice will likely keep your child support from being lowered in the eyes of the courts.
 

mistoffolees

Senior Member
You can say it's been spelled out over and over again, but then again i've used the search engine, and the post's aren't the same. now Let me ask you Shay- What do you know about military contracts? you said it was Voluntary, Did you know I Was only supposed to be in for about 8 yrs not 9 1/2 but because i was depoyed in iraq i was considered a (national Asset) and got held there for about another year and a half? no It's not Voluntary, It has not stopped me from looking for work, Which i've gotten an Offer from the FBI. I'm Not stretching the truth, these were my circumstances, and they are unique, what do I gain in reading someone else's forum topic if only part of it pertain to me? Believe me i've looked. seeing as you only said child support is due, i'm not saying it's not, But i did say if i would get a modification or if it may help. does that make sense? i gave up parental rights because there was some medical circumstances that couldn't be helped on solely the mother's rights alone while i was in IRAQ. Now,:D see how different that is from other post's.
You can whine all you want, but your circumstances are not all that different.

You said that you're going to school full time. That is a voluntary choice.

Now, if you could prove that you lost your job involuntarily and have been diligently looking for work and would drop out of school the second you found a job, you might be able to convince a judge that your unemployment is involuntary. But being a full time student instead of working suggests otherwise.
 

LdiJ

Senior Member
You can whine all you want, but your circumstances are not all that different.

You said that you're going to school full time. That is a voluntary choice.

Now, if you could prove that you lost your job involuntarily and have been diligently looking for work and would drop out of school the second you found a job, you might be able to convince a judge that your unemployment is involuntary. But being a full time student instead of working suggests otherwise.
I really do agree. You are not available for a full time position if you are going to school full time unless you happen to get that one in a million employer who thinks that you would be so valuable that they are willing to work around your school schedule.
 

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