Child Support

[California Mom]

What is the name of your state?What is the name of your state?What is the name of your state? CA

My husband has joint custody of his two teenage children. He has 30% custody, his ex-wife has 70% custody. His ex-wife lost her job in August of 2004, since the job position she held was no longer needed. She has told my husband that she will refuse any job that offers her less than what she was earning while employed. She has been collecting unemployment benefits since her job loss. She hasn't asked for a child support modification as of yet, but I'm sure she will once her unemployment benefits run out. How will child support payments be calculated if she were to file for modification? Will they calculate her income at what she is capable of earning? What if she decides to ask for government assistance, how will that work?
Also, does California consider child support modifcation for NCP for a new child in a new relationship? Thanks!!!

 

[jacknjill]

What is the name of your state?What is the name of your state?What is the name of your state? CA

How will child support payments be calculated if she were to file for modification? Will they calculate her income at what she is capable of earning? What if she decides to ask for government assistance, how will that work?
Also, does California consider child support modifcation for NCP for a new child in a new relationship? Thanks!!!

We have a similar case.

1. Her income can be imputed...which means what she's capable of making at a 40hour work week.
2. If she gets government assistance, your husband will most likely have to send the CS to them directly or they will garnish his wages. She will lose her rights to receive the money directly to her. Also, the first $50 will go to her, the balance will go to reimburse them for the assistance she's receiving and anything left over will go to her.... Also, most programs have rules that have to be followed..For example, the CALWorks, Welfare to Work Program requires that Adults in one-parent families must spend at least 32 hours per week in welfare to work activities. The minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, non-exempt adults must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. There's also monthly forms and reports that have to be filled out and returned...Translation: Nothing is for free anymore....

3. Normally, the judges don't reduce CS because of new children. Their reasoning is that you need to take care of the current children, and they shouldn't have to suffer because you make more kids. But that's a case by case situation.


Hope this helped in some way.

 

[California Mom]

Thank you so much. You have helped a great deal

 

[king sol]

CS is not lowered, usually, by a new child.........however, in the calculation for child support, your "actual" tax filing status info is used. So, your cs could be lowered, if the original order (for instance) uses: Single w/no dependents. Now, it could be modified (Single w/1 dep or Married w/1 dep), depending on your new circumstances.