Could this be a reason to modify child support?

[happybug]

What is the name of your state? CA

This question is for a friend with no internet knowledge.

My friend was wondering if it was possible to have her child support modified. She wanted some general information before retaining an attorney. She is the custodial parent of one child born out of wedlock. She has a current child support order. The NCP has 2 older children from a marriage. The children of the marriage have the first child support order.

Now, the NCP and his Ex Wife are back together and living together. They are not remarried. I'm sure he is still paying court ordered child support and alimony to his Ex Wife but it is all going to support their one household.

Would it be possible to modify child support in this situation? Would it be possible to do it Pro Se? The children of the marriage are 17 and 8 months - 16 and 2 months. Should she just wait until their child support ends to request a modification?

I have the information from both her custody/child support order and the NCPs divorce/child support/alimony order if you need any specific information.

Thanks so much!

 

[Gracie3787]

What is the name of your state? CA

This question is for a friend with no internet knowledge.

My friend was wondering if it was possible to have her child support modified. She wanted some general information before retaining an attorney. She is the custodial parent of one child born out of wedlock. She has a current child support order. The NCP has 2 older children from a marriage. The children of the marriage have the first child support order.

Now, the NCP and his Ex Wife are back together and living together. They are not remarried. I'm sure he is still paying court ordered child support and alimony to his Ex Wife but it is all going to support their one household.

Would it be possible to modify child support in this situation? Would it be possible to do it Pro Se? The children of the marriage are 17 and 8 months - 16 and 2 months. Should she just wait until their child support ends to request a modification?

I have the information from both her custody/child support order and the NCPs divorce/child support/alimony order if you need any specific information.

Thanks so much!

Your friend can't have her order modified based on the NCP living with ex again. The ONLY way that the situation could be used as a change in circustance would be if the first order were vacated. Which, most likely won't happen until ex and his ex remarry and the court vacates thier order.

 

[happybug]

Thanks so much for responding. Both of the children of the marriage will be over 18 and High School Graduates by June 2010, so it doesn't make a huge difference in the long run, she was just curious.

 

[MrsK]

Thanks so much for responding. Both of the children of the marriage will be over 18 and High School Graduates by June 2010, so it doesn't make a huge difference in the long run, she was just curious.

She should stop worrying about what the NCP is doing with his life. She isnt going to get more child support.

 

[nextwife]

Your friend can't have her order modified based on the NCP living with ex again. The ONLY way that the situation could be used as a change in circustance would be if the first order were vacated. Which, most likely won't happen until ex and his ex remarry and the court vacates their order.

And if she's smart, she won't agree to vacate it until the kids are done, (in case they break up again), so her kids don't move to "second priority". It's kinda like refinancing: the first mortgage holder wants to retain first position!

Maybe he will agree to modify her order to pay CS through college, if it doesn't already?

 

[nextwife]

Your friend can't have her order modified based on the NCP living with ex again. The ONLY way that the situation could be used as a change in circustance would be if the first order were vacated. Which, most likely won't happen until ex and his ex remarry and the court vacates their order.

And if ex wife is smart, she won't agree to vacate it until the kids are done, (in case they break up again), so her kids don't move to "second priority". It's kinda like refinancing: the first mortgage holder wants to retain first position!

Maybe he will agree to modify her order to pay CS through college, if it doesn't already?

 

[MrsK]

And if she's smart, she won't agree to vacate it until the kids are done, (in case they break up again), so her kids don't move to "second priority". It's kinda like refinancing: the first mortgage holder wants to retain first position!

Maybe he will agree to modify her order to pay CS through college, if it doesn't already?

Yeah, that actually would be very smart of him in this case, as long as he isnt planning on leaving mom of the first kids again or if he doesnt think she'll leave him...

 

[nextwife]

Yeah, that actually would be very smart of him in this case, as long as he isnt planning on leaving mom of the first kids again or if he doesnt think she'll leave him...

We don't know that he left mom of the older kids, or if she left him. Did I miss where she said he left her?

 

[happybug]

She should stop worrying about what the NCP is doing with his life. She isnt going to get more child support.

She isn't concerned in the slightest with what NCP does with his personal life. She will be getting plenty more child support after June 2010 when bit kids are over 18 and High School Graduates.

I don't think she can modify her order to include College support. When I divorced, my Attorney told me child support continuing through College is not done in this state.

 

[CourtClerk]

California does not have a provision for support of adults, unless the adult is permanently disabled. There is no provision for college support in CA either UNLESS the two parties agree to it. They can draw up a stipulation, and the judge will sign it, making it a part of the child support order.

And no, unless the ex and his ex get remarried, there is no additional child support coming to your friend.

 

[nextwife]

She isn't concerned in the slightest with what NCP does with his personal life. She will be getting plenty more child support after June 2010 when bit kids are over 18 and High School Graduates.

I don't think she can modify her order to include College support. When I divorced, my Attorney told me child support continuing through College is not done in this state.

They were previously married, and if they are still considering remarriage (at some point) when they time to end CS comes around, they may just decide to agree to him paying CS through college. I believe they can voluntarilly extend the CS. I wouldn't recommend that your friend count on getting an increase.

 

[MrsK]

They were previously married, and if they are still considering remarriage (at some point) when they time to end CS comes around, they may just decide to agree to him paying CS through college. I believe they can voluntarilly extend the CS. I wouldn't recommend that your friend count on getting an increase.

I agree. If the NCP was smart, he would agree to pay for college or support through college just so his support for his other kid wouldnt raise, or not raise much.