When to go to court for support reduction In CA?

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When to go to court for support reduction In CA?

Unread postby Kuuner » Tue Feb 06, 2018 8:18 pm

Divorce finalized about a year and a half ago. Nothing in the divorce decree addresses this other than, long term marriage with spousal at $1,000 per month forever unless death or remarriage. CS at $2,000 per month for two children until 18. One turns 18 in May. The other only just turned 15. Ex is getting married, also in May. I know it's not "Half of the child support goes away when one turns 18" but instead based on a percentage factor or some algorithm in the dissomaster.

My understanding is that once she gets married, alimony ends and, once oldest turns 18, CS ends. I'm pretty sure it's not gonna happen automatically so I'm assuming I will have to go to family court with the requisite paperwork and request termination for alimony and one of the children. That will involve a hearing I assume. I'm also assuming I'll have to prove the child turned 18 and I'm assuming I'll have to prove the ex got married. i'll be going pro se if there has to be a hearing.

Is that it? Is it cut and dry? Do they reanalyze my income for a recalculation of remaining support based on today's numbers or do they adjust the dissomaster based on the numbers at the time of the separation for the support calculation on the remaining minor child? If its that cut and dry, when should I got to the courts to ask for a reduction based on a change in circumstances (If that's what it is)? I'm assuming not until after the two date events so she doesn't change her mind and not get married just to keep the support up.

I should add that my current support is through a wage order so, it's not like I can just stop paying. It comes out automatically on the 1st and the 15th.

I would also add that my relationship with my two kids is excellent. Not so excellent with the ex.

Thanks in advance for any assistance.
Last edited by Kuuner on Wed Feb 07, 2018 10:49 am, edited 1 time in total.
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Re: When to go to court for support reduction?

Unread postby gamingdad » Tue Feb 06, 2018 10:10 pm

By mentioning dissomaster, I'm assuming state is CA?
Has there been a income increase of over 10% since it was last calculated for CS?
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Re: When to go to court for support reduction?

Unread postby astrolink » Tue Feb 06, 2018 11:30 pm

They will go by your current income and/or use your 2017 W2. If it's higher than what was used in the original calculation, they will use that. If it's lower, they might use the old higher figure anyway; it's up to them. I can's speak for CA, but in my state the different in support between 1 and 2 children is only around 17%. It would take very little increase in income to owe more in support.
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Re: When to go to court for support reduction?

Unread postby LovingDadof2 » Wed Feb 07, 2018 7:35 am

OP, put your state in the title of this thread - it will help get you the detailed answers you desire.
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Re: When to go to court for support reduction?

Unread postby astrolink » Wed Feb 07, 2018 9:05 am

LovingDadof2 wrote:OP, put your state in the title of this thread - it will help get you the detailed answers you desire.


It's CA, which is the only state that uses the dissomaster.
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Re: When to go to court for support reduction?

Unread postby LovingDadof2 » Wed Feb 07, 2018 9:41 am

astrolink wrote:It's CA, which is the only state that uses the dissomaster.
Yes, I know. But I want him to add that th the thread title to get more CA Dad eyes.
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Re: When to go to court for support reduction?

Unread postby Kuuner » Wed Feb 07, 2018 10:51 am

gamingdad wrote:By mentioning dissomaster, I'm assuming state is CA?
Has there been a income increase of over 10% since it was last calculated for CS?


Income has increased by about 25% since original support figures were established.

Based on what I'm reading, while the SS will drop off and the 1 CS will drop off, the remaining CS will increase due to my higher income?
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Re: When to go to court for support reduction In CA?

Unread postby dad2grls » Wed Feb 07, 2018 11:10 am

In California, the non custodial parent pays child support up to age 19 if the child is still in high school and living with the custodial parent.

Although this may vary somewhat by state, generally you can expect your child support to increase based on 2 factors. 1- you're making more money and 2- the spousal support that you are now paying is probably being subtracted from your income for purposes of child support calculations and after your ex remarries and you're no longer paying spousal support you can expect to pay additional child support on a percentage of that additional income. The difference in child support between 1 and 2 children is around 5%, not all that much. Unfortunately there's another hit there because spousal support is tax deductable while child support is not.

Good news is that you cannot be compelled to pay for college in the state of California.
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Re: When to go to court for support reduction In CA?

Unread postby Kuuner » Wed Feb 07, 2018 12:07 pm

dad2grls wrote:In California, the non custodial parent pays child support up to age 19 if the child is still in high school and living with the custodial parent.

Although this may vary somewhat by state, generally you can expect your child support to increase based on 2 factors. 1- you're making more money and 2- the spousal support that you are now paying is probably being subtracted from your income for purposes of child support calculations and after your ex remarries and you're no longer paying spousal support you can expect to pay additional child support on a percentage of that additional income. The difference in child support between 1 and 2 children is around 5%, not all that much. Unfortunately there's another hit there because spousal support is tax deductable while child support is not.

Good news is that you cannot be compelled to pay for college in the state of California.


The child will graduate in June from high school. I'll miss the spousal support tax deduction! That's gonna kill me but, considering I no longer have to pay for HER, it's a wash. I pay about another $500 above and beyond court ordered support for gas, entertainment etc. for the two when they visit.
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Re: When to go to court for support reduction In CA?

Unread postby RC611V » Wed Feb 07, 2018 12:54 pm

If it isn't clear when child support will end for you, review your orders. It should be clear from there. There can be ambiguity about when it terminates if a kid is still in high school after age 18. But your orders hopefully are decisive.

If the agency is collecting, they will handle making changes. You should start by contacting them, which may bring the result of filing a request with the agency, and not going to family court with it. This will probably work in your favor, because there will be less 'wiggle room' for the mom to plead with a judge or make excuses about need. They just go with the numbers more often, in my experience.

Spousal I honestly don't have any advice on, except the general common sense thing of making sure she is really married before you try to terminate it. Both supports are enforced by the agency, yes? You probably will need a court order to terminate it, because your orders probably say 'until further order of the court'. But if it says 'until remarriage' then you have that, but still need to prove it happened, which you'd probably do in family court to get that 'further order'.

If both are being enforced by the agency, start with them. I got super lucky and the attorney handling my case is an awesome guy. I hope it works well for you.
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