CS will put us in the poor house

[cammer]

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

We are in the process of buying a home and have 2 children. Ex wife caught wind of the home purchase and now wants to modify the child support amount.

Escrow should close in 3 weeks and this is my first home.

I'm wondering if the child support amount will make me not afford my new mortgage...as we are stretched incredibly tight already.

Do they take all of that into consideration when amending child support amounts? (mortgage amounts, etc)?

Should I back out of the home, just in case?????

 

[OhReally?]

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

We are in the process of buying a home and have 2 children. Ex wife caught wind of the home purchase and now wants to modify the child support amount.

Escrow should close in 3 weeks and this is my first home.

I'm wondering if the child support amount will make me not afford my new mortgage...as we are stretched incredibly tight already.

Do they take all of that into consideration when amending child support amounts? (mortgage amounts, etc)?

Should I back out of the home, just in case?????

Ex-wife can not modify CS because you are buying a home (typical moronic move by the CP). When was the last time CS was modified? What does the NCP's complaint state for the change in circumstance to support a modification (if it hasn't been 36 mos)?

 

[TinkerBelleLuvr]

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

We are in the process of buying a home and have 2 children. Ex wife caught wind of the home purchase and now wants to modify the child support amount.

Escrow should close in 3 weeks and this is my first home.

I'm wondering if the child support amount will make me not afford my new mortgage...as we are stretched incredibly tight already.

Do they take all of that into consideration when amending child support amounts? (mortgage amounts, etc)?

Should I back out of the home, just in case?????

When was the last time that child support was modified? Has there been a change in income?

 

[nextwife]

And your income can't be touched if he is paying his CS, and won't be factored in.

 

[TinkerBelleLuvr]

And your income can't be touched if he is paying his CS, and won't be factored in.

I believe this is dad, the payer of CS, who is posting.

Clarification, the new wife's income isn't used for child support calculations, except if there is a blatant case of hidden income.

 

[Ohiogal]

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

We are in the process of buying a home and have 2 children. Ex wife caught wind of the home purchase and now wants to modify the child support amount.

Escrow should close in 3 weeks and this is my first home.

I'm wondering if the child support amount will make me not afford my new mortgage...as we are stretched incredibly tight already.

Do they take all of that into consideration when amending child support amounts? (mortgage amounts, etc)?

Should I back out of the home, just in case?????

If you are stretched incredibly thin with the mortgage then you are buying too much house. The mortgage is NOT taken into consideration in modifying child support. NO one can advise you regarding backing out of a home sale as there are contractual and other legal issues that have nothing to do with child support and have to do with what is writing that we here do not have access to.

 

[CourtClerk]

What does the NCP's complaint state for the change in circumstance to support a modification (if it hasn't been 36 mos)?

CA isn't one of those states where CS can only be reviewed every 36 months.

 

[StampGirl]

CA isn't one of those states where CS can only be reviewed every 36 months.

Does CA even have a time limit on how often it can be reviewed/modified? Something tells me its every 12 months but I am not sure.

OP: If there has been a change in income for YOU then yes, child support can go up. If money is that tight (as OhioGAL said) you are buying too much house. Besides, your child comes first before your new house, new wifey and new kids.

 

[Isis1]

has your income changed? YOUR income, not your wife's?

it is possible mom see's "x is buying a house, therefore has more money therfore i am due more money". I could be wrong but it appears that dad isn't arguing the set amount of child support as is, but getting an increase just because he bought a house would definitely change his finances.

but it depends if OP has received a substantial increase of income according to california standards, no?

 

[cammer]

Well, as anyone knows...buying a house in todays market in Southern CA is "buying too much house". But rent costs are so high, it doesn't make sense not to buy a house. Child support has not been modified in 15 years. We have always had a friendly situation and I have always given her a supplemental check to make up for the low rate of the wage garnishment.

Our son is 18 and graduated from high school so I quit paying the supplemental check and just let the garnishment pay our daughter.

Not to mention all of the financial help she gets from MY mother (we were stupid juveniles/minors when we had our first child).

It's a sordid tale really. I was just wondering if all aspects of necessity expenses (child care, mortgage, taxes, etc) vs. income were taken into consideration when CS modifications are made.

Surely they wont displace 2 young children to pay for 1 teenager. But stranger things have happened.

 

[cammer]

Yes, income has changed and ex-wife used her house as an ATM machine and is losing it. Mismanaging money should not be a valid reason to get more from the father. Extravagant vacations, a timeshare in Palm Springs, cruise to Hawaii, trips to Vegas, etc living WAY beyond her means has landed her in her current position.

I live frugally and within my means and am FINALLY able to buy a very modest, small home in a semi-questionable neighborhood. And in a few short years will be rid of the astronomical childcare costs for my two younger children.

 

[Silverplum]

Well, as anyone knows...buying a house in todays market in Southern CA is "buying too much house". But rent costs are so high, it doesn't make sense not to buy a house. Child support has not been modified in 15 years. We have always had a friendly situation and I have always given her a supplemental check to make up for the low rate of the wage garnishment.

Our son is 18 and graduated from high school so I quit paying the supplemental check and just let the garnishment pay our daughter.

Not to mention all of the financial help she gets from MY mother (we were stupid juveniles/minors when we had our first child).

It's a sordid tale really. I was just wondering if all aspects of necessity expenses (child care, mortgage, taxes, etc) vs. income were taken into consideration when CS modifications are made.

Surely they wont displace 2 young children to pay for 1 teenager. But stranger things have happened.

If CS hasn't been modified in 15 years, expect the mod. Expect a large increase.

Rather than think, "Surely they won't..." I advise you to google a calculator for your state and find out what $$numbers you're facing for sure.

 

[CourtClerk]

Does CA even have a time limit on how often it can be reviewed/modified? Something tells me its every 12 months but I am not sure.

No, the court's general policy is that anytime the support amount will change by either 20% or $50 it warrants a modification. Whether that happens 2 times a year or twice in 3 years doesn't make a difference.

Surely they wont displace 2 young children to pay for 1 teenager.

CSSD will never have a part in displacing your 2 young children, so you can get that out of your head now. They will require you to pay guideline support for your 1 teenager for as long as he/she is a minor, regardless of whether you went back and had 2 more children later on. If your family's money managment skills leave you displaced, then that will have nothing to do with CSSD. With CA's economy, make sure you can handle all of your financial obligations until your teenager turns 18.

 

[cammer]

I will be calling a Family Law Attorney today for a consultation. If I receive a large increase...I wont be able to afford buying this house and I need to know now.

The fact that she has been remarried for 15 years...does that factor in?

 

[cammer]

By "displacing" I mean that we factored in all our income and expenses to buy this house with the current CS amount...not knowing she was going to do this.

If the court sees that all of our money is going towards basic necessities (daycare, mortgage, gas and utilities, NO credit card debt, NO mismanaging) can he still increase the child support???

Where will it come from??