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  1. #1
    Join Date
    Apr 2011
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    5

    Default First Child vs Change of Circumstances

    My question involves child support in the State of: California,



    Hello

    My question is in regard how will my ex's current divorce from his "new spouse" affect the child support order he has standing with me? (1 child with me, 1 with his current spouse who he is separated from). I see on the calculator there is a deduction for other child support paid and when I run it, it does lower the support but I was also told that there is (or was) a first child rule in CA and that meant my support could not be lowered. I really need clarification so I know just what to do and how to start budgeting for a reduced child support income (Calculator reduced it to over half, which is frustrating as actually it reduced it to only 1/3 of what I should have been getting as I accepted a lower than guideline by $400+ amount and have never received guideline as it was. Sigh).

    Thanks kindly in advance.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
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    4,494

    Default Re: First Child vs Change of Circumstances

    He can receive a deduction for the subsequent children...

  3. #3
    Join Date
    Apr 2011
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    5

    Default Re: First Child vs Change of Circumstances

    So he cannot turn around and file for a change of circumstances in our matter due to his current divorce and reduce the support paid to the first child?

    CA Family Code 4059 (e) says : Any child or spousal support actually being paid by the parent
    pursuant to a court order, to or for the benefit of any person who
    is not a subject of the order to be established by the court. In the
    absence of a court order, any child support actually being paid, not
    to exceed the amount established by the guideline, for natural or
    adopted children of the parent not residing in that parent's home,
    who are not the subject of the order to be established by the court,
    and of whom the parent has a duty of support. Unless the parent
    proves payment of the support, no deduction shall be allowed under
    this subdivision.

    I have yet to find anything that says anything about "first child" or subsequent child support orders other than this above, which says "Any."

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: First Child vs Change of Circumstances

    There is no first child rule. He is entitled to a credit for subsequent children that he has an obligation to support.

  5. #5
    Join Date
    Apr 2011
    Posts
    5

    Default Re: First Child vs Change of Circumstances

    That is what I thought and I do want to be fair to both kids, not just mine. Being disabled and low-income, I am stressed over the reduction but at least I know to expect it. Thank you!

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