Modification

[California Mom]

What is the name of your state? California

My ex-husband is behind 12 payments on his child support. He pays bi-weekly. He is now asking for a review to lower his child support payments. He had another child a year ago and wants to claim a hardship. We both have had pay increases since our divorce 2 years ago. Will child support be lowered significatly because of his second child?What is the name of your state?

 

[Shawna]

What is the name of your state? California

My ex-husband is behind 12 payments on his child support. He pays bi-weekly. He is now asking for a review to lower his child support payments. He had another child a year ago and wants to claim a hardship. We both have had pay increases since our divorce 2 years ago. Will child support be lowered significatly because of his second child?What is the name of your state?

I seriously doubt it being that in most states his child comes second to your child(ren). Besides that you both have ad increases. Hopefully someone else will be able to let you know a little more about CA law.

 

[shell007]

What is the name of your state? California

My ex-husband is behind 12 payments on his child support. He pays bi-weekly. He is now asking for a review to lower his child support payments. He had another child a year ago and wants to claim a hardship. We both have had pay increases since our divorce 2 years ago. Will child support be lowered significatly because of his second child?What is the name of your state?

Unless his income has significantly decreased (which you state it has NOT), then CS should not decrease.

Stand by for other opinions.

 

[rmet4nzkx]

A "hardship," as defined by the Family Code, is not deducted from child support but is deducted from the income of the party with the hardship, thus the pay increases may not matter and the end result could be modified child support. Although the presumption exists that the amount of child support determined by the formula is correct, the presumption may be rebutted by the factors as set forth in Family Code, Section 4057 (b)