Child Support Question

[novemberbride]

What is the name of your state (only U.S. law)? California

I am the custodial parent. Timeshare is 63% with mom (me) and 37% with dad. I am ordered to pay $396 a month in child support to dad because dad is disabled.

Right now, I work full time. Soon, I will be having my second child, and within a few weeks of the birth of this child, I will be undergoing surgery and treatment for cancer. So, I will be on disability myself. I am not yet sure how long I will be on disability or even if I will be able to return to work. Do the courts need to know this information since I won't be working? Do I file to change it now, or while I'm already on disability?

 

[Silverplum]

What is the name of your state (only U.S. law)? California

I am the custodial parent. Timeshare is 63% with mom (me) and 37% with dad. I am ordered to pay $396 a month in child support to dad because dad is disabled.

Right now, I work full time. Soon, I will be having my second child, and within a few weeks of the birth of this child, I will be undergoing surgery and treatment for cancer. So, I will be on disability myself. I am not yet sure how long I will be on disability or even if I will be able to return to work. Do the courts need to know this information since I won't be working? Do I file to change it now, or while I'm already on disability?

If you wish to have your child support order changed, you must file. You cannot change it by agreement.

Good luck with the new baby, and the cancer treatments.

 

[novemberbride]

Thank you....

Do I file now? or do I have to wait until my disability starts? If I file now, I don't know yet how long I will be out on disability, or if I'll be able to return to work.

 

[Gracie3787]

Thank you....

Do I file now? or do I have to wait until my disability starts? If I file now, I don't know yet how long I will be out on disability, or if I'll be able to return to work.

It takes awhile for a modification to go through, so go ahead and file now. You might even be on disability by the time the issue actually goes to court.

 

[EnforceSupport]

I wish you strength, courage and positive wishes.

You absolutely file now.

I work full time. Soon, I will be having my second child, and within a few weeks of the birth of this child, I will be undergoing surgery and treatment for cancer. So, I will be on disability myself. I am not yet sure how long I will be on disability or even if I will be able to return to work. Do the courts need to know this information since I won't be working? Do I file to change it now, or while I'm already on disability?

Since the court lacks jurisdiction to order a reduction effective prior to the date of filing, and, since there are forseeable changes in circumstances on the horizon (baby, loss of income, increased medical expenses), I think that a court would consider a modification. And, should the need arise, the court can always reconsider if things change again.

File now. Sounds like you might get busy, real soon.