Child Support in California

Hi I have a question regarding child support in CA. I have had 50/50 custody of our three children with my ex-husband since Jan of 1998, he has been paying 1500.00 per month since then. In August 2006 he petitioned for modification of custody and got it (temp order for 6 mos.). The custody changed to 90/10 in his favor. In September of 2006 he petitioned for modification of child support and the support was reduced to 500.00 per month paid to me. This was due to his income being around 275,000 per year and mine was 20,000.00 per year. In August of this year the custody has been changed again to 60/40 again in his favor so almost back to what it was before.

My question is this now that the order has been set I am going to file a motion to change child support again and he is bullying me to leave things the way they are. If they go by his income he could pay around 2200.00 per month right now. He says he can't afford it. Can we agree to go back to the orginal amount of 1500.00?? I know that child support is paid to the parent but it is for the children. Do courts let you decide the amount you want to pay if you file a motion?? Or do they figure it per the state regulations? Any help would be greatly appreciated.... Thanks so much

HI

Don't let him bully you. He makes $275K and year and he can't afford $2200 a month? I don't think so. I know guys who make half that and pay more. Ok they have more kids, but really.... Only $1500 a month for 3 kids even at 50/50 based on his income sounds really low.

Have you filed the change of custody? Unless your case has been bifurcated (separated into one child support case and another custody case with 2 file #'s) you can file the support and custody as 1 motion.

So just go in and ask for guideline support. You'll have to go to mediation first and you'll have to fill out the I&E again. Until you see the numbers on the paycheck stubs or business accounting statements, what he says is just hot air.

He took you back to court so why should he bitch when you take him back. It's changed circumstances.

Bird Brain

Hi There

Thanks so much for the input. Yeah he has been underpaying for years and the minute he gets the chance to change it he jumps on it. But now I am supposed to leave things alone. Even though I have been struggling. The biggest problem is that he tells the kids everything in a one sided manner. Like "your mom is taking me to court to get more money" so they get mad and come after me:wallbang:. So that kinda weakens me. But oh well I have to do what it right not what is easy. Thanks again