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  1. #1
    Join Date
    Jun 2011
    Posts
    11

    Smile Child Support Increase

    My question involves child support in the State of: California

    Hello all,
    I have 100% custody of my daughter (age 13). Last time I modified CS was in 2008. Her mother currently pays, $430.00 a month. I'm aware that every 3 yrs, I should request a review. I just don't want to deal with all the court drama all over again. So, I guess what I'm trying to say is, should I settle for the current support I'm getting or should I request a review?!
    I feel as though there has been a substantial change in circumstances. For example: I pay about 50.00 more a month in medical ins. She doesn't pay any of his medical. I have another baby on the way this September. Also, my daughter is getting older and more expensive... soccer, extra curricular activities, school clothes/supplies. She also wants to take college courses next year at a community college to help prep her for High School. Also, she may need braces.
    The other parents circumstances may have changed some as well. I know she just had another baby as well and she's going to college and I believe she got a raise. Do you think I have a chance for an increase?! I would like her to pay more and also pay half of any of her extra curricular activities, half of college tuition/school supplies and braces if needed. What are my chances?!

  2. #2
    Join Date
    Nov 2009
    Posts
    256

    Default Re: Child Support Increase

    Extracurricular activities aren't essentials. They're typically considered entertainment and while it's discretionary, from experience they don't award these costs.

    As for college tuition - unless the original judgment addresses these expenses or unless you & the NCP stipulated to have CS continue to cover college expenses, there is no obligation to pay support in CA beyond the age of majority. It's purely voluntary on the part of the obligee parent to decide whether or not to agree to pay for college.

    California CS guidelines provide for a hardship deduction for additional kids, but since you've each had another child, those deductions will cancel each other out.

    Re: the braces - does your order provide for the NCP to cover 1/2 of unreimbursed medical & dental? If not, you could request this.

    Courts don't award an increase in support based upon the age of the child - it's based on income & tax rates.

    A $50 increase in insurance doesn't constitute an extraordinary change in circumstances.

    You could go in for a modification based on an increase in salary and see what happens, but if the increase is going to be minimal it probably isn't worth the time, aggravation and attorney fees. You can go to www.xspouse.com and download the CS demo to run the numbers.

    Honestly, unless NCP is making a whole helluva lot more money and you've had a decrease in your income, it probably won't be worth it. In fact, if you make more money and NCP's income hasn't changed, you could even be looking at a reduction.

    That's a decision that you have to make - cost / benefit analysis and all.

  3. #3
    Join Date
    Jun 2011
    Posts
    11

    Default Re: Child Support Increase

    Quote Quoting EA1970
    View Post
    Extracurricular activities aren't essentials. They're typically considered entertainment and while it's discretionary, from experience they don't award these costs.

    As for college tuition - unless the original judgment addresses these expenses or unless you & the NCP stipulated to have CS continue to cover college expenses, there is no obligation to pay support in CA beyond the age of majority. It's purely voluntary on the part of the obligee parent to decide whether or not to agree to pay for college.

    California CS guidelines provide for a hardship deduction for additional kids, but since you've each had another child, those deductions will cancel each other out.

    Re: the braces - does your order provide for the NCP to cover 1/2 of unreimbursed medical & dental? If not, you could request this.

    Courts don't award an increase in support based upon the age of the child - it's based on income & tax rates.

    A $50 increase in insurance doesn't constitute an extraordinary change in circumstances.

    You could go in for a modification based on an increase in salary and see what happens, but if the increase is going to be minimal it probably isn't worth the time, aggravation and attorney fees. You can go to www.xspouse.com and download the CS demo to run the numbers.

    Honestly, unless NCP is making a whole helluva lot more money and you've had a decrease in your income, it probably won't be worth it. In fact, if you make more money and NCP's income hasn't changed, you could even be looking at a reduction.

    That's a decision that you have to make - cost / benefit analysis and all.
    Thank you for the response! I will definitely use the link you provided, to run the numbers, but your absolutely right, it may not be worth and I just don't want to waste my time or create any drama. Do you think it would be worth a shot, just to ask her if she would like to contribute to any school supplies our daughter would need?!

  4. #4

    Default Re: Child Support Increase

    You could always ask for extra money just from the NCP directly.
    The CS laws dictate the minimum to pay, they don't say you cannot give the CP more money out of the goodness of your heart.

    Also, keep this in mind - if you just try to drag things to court, it is just gonna create more problems and tension for you and the mom. In such a case, she probably WON'T be willing to give you more money if she is not legally ordered. Or what if her income has decreased and you end up getting less money?

    Just do not forget that the law is on the woman's side to begin with so it is probably best not to push your luck.

  5. #5
    Join Date
    May 2008
    Posts
    582

    Default Re: Child Support Increase

    There are a few things to consider, and a lot will depend on what is in your order and what is state law. I will only speak in general terms.

    You can consider filing a motion to modify an order if there's a substantial change in circumstances. States will define what that means. In some cases it may mean a certain percentage, and in others there may be an actual dollar amount. Modifications like this are done when there's a change in income (up or down). Its usually not tied to extracurricular activities.

    You can also request a modification if there are extra ordinary medical expenses if they were not addressed in the original order. Orthodonia may fall into that category if an orthodontist can certify that the braces were medically necessary and not cosmetic.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Support Increase

    It is not uncommon for the NCP to be ordered to pay for certain extracurricular activities in California.

    They do need to be spelled out though.

  7. #7
    Join Date
    Nov 2010
    Posts
    91

    Default Re: Child Support Increase

    I would highly recommend that you visit www.childsup.ca.gov and choose 'calculate child support' in the left column. You can enter the figures that you know and/or take a quess at some to determine if it will increase. Remember once a motion is filed the court will set the child support where it determines it should be (either up or down) unless both parties agree to another figure or agree to dismiss the action.

  8. #8
    Join Date
    May 2008
    Posts
    582

    Default Re: Child Support Increase

    I didn't think it was necessary to provide an accounting to the other parent to show how support is being spent. I think that opens a whole new can of worms.

    As a custodial parent, I don't think I would go to the other parent to ask for more money to fund extra actiiviites. I would go to them if there were extraordinary medical expenses or a change in income.

  9. #9
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Child Support Increase

    Quote Quoting distressedmom
    View Post
    I didn't think it was necessary to provide an accounting to the other parent to show how support is being spent. I think that opens a whole new can of worms.

    As a custodial parent, I don't think I would go to the other parent to ask for more money to fund extra actiiviites. I would go to them if there were extraordinary medical expenses or a change in income.
    What if you have a very heathly child who want to take up hockey, figure skating or golf (or another sports that requires uniforms and travelling expenses), and you find the weekly rink or green times eating up your money as well as the alloted child support you are recieving. You wouldn't ask the NCP? I would.

  10. #10
    Join Date
    May 2008
    Posts
    582

    Default Re: Child Support Increase

    Its ok that you would Lawrence, but not all parents would agree. In these times we have to try to live within our means and that may result in actually saying to the child that we cannot afford to do this.

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