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  1. #3
    Join Date
    Apr 2011
    Posts
    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."

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