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  1. #1

    Default Can I Request an Increase in Child Support if I've Become Unemployed

    I recently remarried and relocated to my new husband's state of work. My divorce was final in July 2010 and was filed in CA. Is it possible to ask for an increase in child support due to my financial circumstances drastically changing? I am in the process of trying to collect unemployment, but even with that, I am only making about a 1/4 of what I was making prior to relocating. My current husband does support us, however from researching, I understand his income is irrelevant. The ages of my children are 8 and 12 and I am the custodial parent and my ex has visitation twice a year. I am almost certain my ex has also had a substantial increase in pay as well.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Can I Request an Increase in Child Support if I've Become Unemployed

    when was the last modification (if any) since 2010 was there on the CS order?

    were you working before you left?

    Did you quit the job solely due to the move?

  3. #3
    Join Date
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    Default Re: Can I Request an Increase in Child Support if I've Become Unemployed

    Dad shouldn't be penalized because of Mom's actions. By all means file if Dad has had a significant increase, but also Mom you need to expect to have your income imputed.

  4. #4
    Join Date
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    Default Re: Can I Request an Increase in Child Support if I've Become Unemployed

    It would be nice to see OP revisit CS and have the judge impute her income as she is voluntarily underemployed.

  5. #5

    Default Re: Can I Request an Increase in Child Support if I've Become Unemployed

    There has never been a mod requested and yes, I was working prior to leaving. I quit my job to move out of state as my new husband's job is out of state. The kids are much better off with the activities they love to do as well with the relocation. The schools and sports programs they offer at the new location have proved to be extremely beneficial to my kids also.

    - - - Updated - - -

    Dad is not being penalized for mom's actions. They are his children as well and if an increase will help them/us maintain the standard of living they are used to, then I don't believe he is being penalized in the least. I understand I will have my income figured into the equation, however as stated, I am not working at all right now and am TRYING to collect unemployment until I find a suitable job. The sports and after school activities the children want to participate in are quite pricey and the increase, if any will assist in allowing the children to do this. I understand he is not responsible or "has to" contribute to these activities, but as I parent I would think he'd want to. If the only way to get him to do this is to ask for a mod, then that's the route I'll take if possible thus the reasons for the question on this board. Any advice is taken into consideration and appreciated.

  6. #6
    Join Date
    Jul 2012
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    479

    Default Re: Can I Request an Increase in Child Support if I've Become Unemployed

    The fact that your husband is supporting you will be factored into it, unless you're saying that your husband before he was your husband was handing you a wad of cash or paying your bills before you were married. Because your husband is supporting you, your expenses aren't what they were with regard to housing and what not. You'd need to do a cost-benefit analysis as it relates to what you were outlaying before in this regard minus what you were making.

    I wouldn't focus on rationalizing why you moved to be with "new husband" as it relates to school and such; not weird to move to live with husband.

  7. #7
    Join Date
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    Default Re: Can I Request an Increase in Child Support if I've Become Unemployed

    You are voluntarily unemployed - that is the legal reality.

    Dad shouldn't have to pick up the slack.

  8. #8
    Join Date
    Jan 2006
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    Default Re: Can I Request an Increase in Child Support if I've Become Unemployed

    Dad is not being penalized for mom's actions.
    You are trying to penalize him for you quitting your job and moving by seeking an increase in child support.


    They are his children as well and if an increase will help them/us maintain the standard of living they are used to, then I don't believe he is being penalized in the least.
    but that is where you are wrong.

    I understand I will have my income figured into the equation, however as stated, I am not working at all right now and am TRYING to collect unemployment until I find a suitable job.
    your income will be imputed, quite likely at exactly what you were making before you left.


    The sports and after school activities the children want to participate in are quite pricey and the increase, if any will assist in allowing the children to do this.
    Unless those costs are considered in the child support order, it's time for you to get out your wallet.

    I understand he is not responsible or "has to" contribute to these activities, but as I parent I would think he'd want to. If the only way to get him to do this is to ask for a mod, then that's the route I'll take if possible thus the reasons for the question on this board. Any advice is taken into consideration and appreciated.
    Not only is it unlikely you will be given a modification that benefits you but you have quite likely caused yourself to incur travel expenses for your children to be able to see their father.

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