Modifying child support in CA

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: Modifying child support in CA

Unread postby nr552 » Tue Nov 14, 2017 11:22 am

California Family Code § 3900 covers the duty of parents to support their minor children. It reads in pertinent part: “…the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.”

Meaning, she can't be a part time employed mom. She needs to be able to take care of herself, and her child(ren) just as you are expected to do the same. So, at a minimum, she needs to be imputed @ Min wage, full time (2080 hours per calendar year).

Aside from a financial change (you making more/less, her making more/less) CS modifications aren't cut and dry, UNLESS it is due to a change in circumstances-- in your case MORE parenting time (custody per the legal def.)

If you have 6 months of documented additional time that may or may not be enough to warrant a change in circumstances. 12 months of documented additional time should be sufficient to warrant the request-- You want a parenting time modification (custody modification)...which means a FCS mediation... then go before the judge--- have her imputed @ min wage full time, etc.
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Re: Modifying child support in CA

Unread postby BCD2016 » Wed Nov 15, 2017 3:07 am

massdad1234 wrote:If spousal support is about to end and non-modifiable, you might meet more resistance then if you were modifying child support first. If you can keep creeping up in time, documented and then file after spousal terminates, you could do it all at once?

You know her best, will she pi k up on you slowly building a case for 50/50?

You are seeing how hard it is to climb the mountain after the fact. What have you learned through this process to better prepare you for the second bite of the apple? The more time you can spend at 50/50, the stronger your case becomes.


Right. I need to remind myself that the only thing I can count on is her doing the wrong thing. Thanks!

nr552 wrote:California Family Code § 3900 covers the duty of parents to support their minor children. It reads in pertinent part: “…the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.”

Meaning, she can't be a part time employed mom. She needs to be able to take care of herself, and her child(ren) just as you are expected to do the same. So, at a minimum, she needs to be imputed @ Min wage, full time (2080 hours per calendar year).

Aside from a financial change (you making more/less, her making more/less) CS modifications aren't cut and dry, UNLESS it is due to a change in circumstances-- in your case MORE parenting time (custody per the legal def.)

If you have 6 months of documented additional time that may or may not be enough to warrant a change in circumstances. 12 months of documented additional time should be sufficient to warrant the request-- You want a parenting time modification (custody modification)...which means a FCS mediation... then go before the judge--- have her imputed @ min wage full time, etc.


Thank you. That is how I read the code but wasn’t sure if that was specific to alimony. I am half way to 12. Better to not throw that away. Soon!
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