child sup. modification-hardships

[yessy]

What is the name of your state (only U.S. law)? ca
I am going to court for the 4th time to modify c/support. Judges there dont know what they're doing...
I filed to modify support because I was laid off work (now working).
My wife has had a hard time finding work.
Ive been with wife for 10yrs and adopted my step kids 4-5 yrs ago instead of having more kids.
They were not considered in previous child support calculations in 2003 because adoption was in 2005.
It is until now that I am requesting court to count them as hardships (2 kids).
I am paying c/support for 2 children with ex. Ex remarried and had a baby in May-2009.
Judge wants to give me 1 hardship when i have 2 but he gives ex 1 hardship for the baby! I dont think its fair since in reality I have 2 kids. If he gives me half credit shouldnt he do the same for ex?

 

[dorianmcg]

Response to child sup. modification-harships CA

It might just depend on the judge or other circumstances. The judge does have the authority to give you a full credit depending. In our case in Butte County, my husband and I had been together 12 years, married for 11 when we found out he had a 12 year old daughter. Her mother had recently divorced her "dad" and applied for aid. Her "dad" requested blood tests and wasn't the dad - so they came after us. We have six children, three are mine and three are ours. The DA wanted to completely discount my children even though our house payment, food bill, electric bill, etc. is for a family of eight because she indicated I made enough money to support my own children without my husband's help. The judge said fine, but then gave my husband full credit for each of "our" three children instead of only 1/2 credit for them. It ended up working out the same (1/2 for six is the same as full for three). By the way - the DA was not very happy.

 

[Proserpina]

What is the name of your state (only U.S. law)? ca
I am going to court for the 4th time to modify c/support. Judges there dont know what they're doing...
I filed to modify support because I was laid off work (now working).
My wife has had a hard time finding work.
Ive been with wife for 10yrs and adopted my step kids 4-5 yrs ago instead of having more kids.
They were not considered in previous child support calculations in 2003 because adoption was in 2005.
It is until now that I am requesting court to count them as hardships (2 kids).
I am paying c/support for 2 children with ex. Ex remarried and had a baby in May-2009.
Judge wants to give me 1 hardship when i have 2 but he gives ex 1 hardship for the baby! I dont think its fair since in reality I have 2 kids. If he gives me half credit shouldnt he do the same for ex?

A judge can use his/her discretion provided it follows the law.

There is nothing saying the court must use the exact same considerations/formula for each parent.