CS Modification Question

[cobrakai]

What is the name of your state (only U.S. law)? Washington
So I got my parenting plan situated and feel I got a good deal seeing as how my son's mom and him are moving to California next month. Here's the thing now though. My son's mom wants to file for a modification of support so I pay more. I'm now receiving Veterans Disabled Compensation and she wants that added to the monthly cs payment. She'll be moving to California and won't have a job for a month or two I'm assuming, so if she files down there, will her percentage of support for my son go down since she won't have a job? She'll be living with her parents for the for see able future, will that affect anything? She also says that since I live with my girlfriend, her pay will be included because it's considered a "domestic partnership." Is that true? I've only been dating her for a year and living together since January.
Should I file the cs modification myself before she goes to California? Will the judge/state use my VA Compensation in the new modification? Thank you very much for your time.

 

[LdiJ]

What is the name of your state (only U.S. law)? Washington
So I got my parenting plan situated and feel I got a good deal seeing as how my son's mom and him are moving to California next month. Here's the thing now though. My son's mom wants to file for a modification of support so I pay more. I'm now receiving Veterans Disabled Compensation and she wants that added to the monthly cs payment. She'll be moving to California and won't have a job for a month or two I'm assuming, so if she files down there, will her percentage of support for my son go down since she won't have a job? She'll be living with her parents for the for see able future, will that affect anything? She also says that since I live with my girlfriend, her pay will be included because it's considered a "domestic partnership." Is that true? I've only been dating her for a year and living together since January.
Should I file the cs modification myself before she goes to California? Will the judge/state use my VA Compensation in the new modification? Thank you very much for your time.

Your VA compensation would definitely figure into the child support mix. Your girlfriend's income definitely will NOT figure into the child support mix.

 

[meanyjack]

What is the name of your state (only U.S. law)? Washington
So I got my parenting plan situated and feel I got a good deal seeing as how my son's mom and him are moving to California next month. Here's the thing now though. My son's mom wants to file for a modification of support so I pay more. I'm now receiving Veterans Disabled Compensation and she wants that added to the monthly cs payment. She'll be moving to California and won't have a job for a month or two I'm assuming, so if she files down there, will her percentage of support for my son go down since she won't have a job? She'll be living with her parents for the for see able future, will that affect anything? She also says that since I live with my girlfriend, her pay will be included because it's considered a "domestic partnership." Is that true? I've only been dating her for a year and living together since January.
Should I file the cs modification myself before she goes to California? Will the judge/state use my VA Compensation in the new modification? Thank you very much for your time.

As LdiJ said, your new partners income has no relevance whatsoever. She can try to ask for it, but you do not give it. You object to it.

As far her not working, unless she not able to work via disability, she will be considered voluntarily unemployed. It doesn't matter if she hasn't had time to look because she's moved blah blah blah -- she's voluntarily unemployed and she should have what she made previously made assumed to her.

There are guidelines in place to even qualify for a modification of child support if it's earlier than guidelines specify. When was the last time cs was calculated and has there been a qualified change in circumstance? From what you posted, I don't see one.

Just another ignorant Obligee who thinks they know what they're talking about.

 

[cobrakai]

CS was first done in May of 2005 by the state of WA. Both of us were sent paperwork about a 1 1/2 years ago to see if CS would be modified(I believe that is WA state law/3 years) but there wasn't much of an income difference so cs wasn't modified.)

My question that I have been thinking about though is since my son is moving to California, will they pick up jurisdiction of my son and thus california's cs tables will be used instead of wa?

 

[TheGeekess]

CS was first done in May of 2005 by the state of WA. Both of us were sent paperwork about a 1 1/2 years ago to see if CS would be modified(I believe that is WA state law/3 years) but there wasn't much of an income difference so cs wasn't modified.)

My question that I have been thinking about though is since my son is moving to California, will they pick up jurisdiction of my son and thus california's cs tables will be used instead of wa?

As long as you stay in Washington state, I believe that Washington will retain jurisdiction.
"RCW 74.20A.057
Jurisdiction over responsible parent.


A support obligation arising under the statutes or common law of this state binds the responsible parent, present in this state, regardless of the presence or residence of the custodian or children. The obligor is presumed to have been present in the state of Washington during the period for which support is sought until otherwise shown. The department may establish an administrative order pursuant to RCW 74.20A.055 that is based upon any support obligation imposed or imposable under the statutes or common law of any state in which the obligor was present during the period for which support is sought.

[1985 c 276 § 15.]"
RCW 74.20A.057: Jurisdiction over responsible parent.

 

[cobrakai]

So here's a new question I have since encountered. At the settlement conference, part of our agreement hashed out by the judge and ourselves was that I'd get 2 months of not paying cs, which in return would go to helping with travel costs during the year to see my son in California. Well now my son's mom says she talked to our cs case worker and she said judges usually don't do something like that and it's a big hassle. This judge was a Superior Court Judge, I'd think he'd be knowledgeable right? My son's mom would rather have the court order in which my month cs would go down $50 instead of 2 months of no cs for her. She said it's too much of a hardship for her to not have cs for two months. If my cs gets raised, then the 2 months of no cs is a good thing for me, bad deal for her so thus she would rather just have it lowered by $50. Does anyone have any experience in this matter?

 

[Perky]

So here's a new question I have since encountered. At the settlement conference, part of our agreement hashed out by the judge and ourselves was that I'd get 2 months of not paying cs, which in return would go to helping with travel costs during the year to see my son in California. Well now my son's mom says she talked to our cs case worker and she said judges usually don't do something like that and it's a big hassle. This judge was a Superior Court Judge, I'd think he'd be knowledgeable right? My son's mom would rather have the court order in which my month cs would go down $50 instead of 2 months of no cs for her. She said it's too much of a hardship for her to not have cs for two months. If my cs gets raised, then the 2 months of no cs is a good thing for me, bad deal for her so thus she would rather just have it lowered by $50. Does anyone have any experience in this matter?

The phrase, "an accident waiting to happen" comes to mind if your child support is paid through a state agency and you expect them to abate support for 2 months/year.

If reducing monthly child support by $50/month is equal to 2 months of support, then I would opt for the reduction.

This is only my opinion, and is based solely on reading threads started by people who've battled their CSEA to correct withholding, etc.