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  1. #1
    Join Date
    Dec 2013
    Location
    California
    Posts
    10

    Default Petition for Elimination of Childcare Portion of Support

    My question involves child support in the State of: California

    I am the custodial parent of my 7 y/o son. NCP recently requested court to modify and depart from current California guideline and terminate his childcare portion for the ff. reasons:

    1. he supports himself and his wife, who doesn't work bec she has to care for her ailing mother who resides with them
    2. he cannot live on what is left of his paycheck after child support having to pay for rent, healthcare costs, food and basic needs

    Case is under DCSS.
    NCP only spends 8% timeshare with our son.


    What are his chances of getting the CS modified?

  2. #2
    Join Date
    Dec 2013
    Posts
    229

    Default Re: Ncp Requests Elimination of Childcare Portion

    I don't see what either of those things have to do with childcare, is he offering to watch the child or has he outlined a way to get free childcare?

  3. #3
    Join Date
    Dec 2013
    Location
    California
    Posts
    10

    Default Re: Ncp Requests Elimination of Childcare Portion

    No. He only stated "IN THE ALTERNATIVE: I ask the court to reserve or terminate the childcare portion of the child support total."
    He lives 60 miles away, so he cannot watch our son.

    He stated in his "Facts in Support" that he only has $270 left bi-weekly after CS is taken from paycheck, which he said is not enough for his basic needs, moreso to support his wife.

    I have been understanding of his plight for many years. I have solely paid for daycare for over 3 years, but this time I really need him to help out. I requested a CS modification 2 mos ago, and based on the CA guideline, he now has to pay half of childcare. He is now seeking to have his portion of childcare cost be terminated.

    What are the common rulings on such requests?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ncp Requests Elimination of Childcare Portion

    Theoretically 60 miles away can be done sometimes.

    But with that said, his wife's ailing mother and spending habits shouldn't mean his child with you is penalized.

    In the event that you're asked to mediate first, is there are cheaper option?

  5. #5
    Join Date
    Dec 2013
    Location
    California
    Posts
    10

    Default Re: Ncp Requests Elimination of Childcare Portion

    I am willing to go through mediation but really I don't see a cheaper option. If there were, I would've done it the past 3 years that I have solely been paying for childcare.

    BTW, he has verified that the childcare expense statement I submitted to the court is correct. He called the center director directly and verified all the info.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Ncp Requests Elimination of Childcare Portion

    No disrespect to his mother in law, however my spouse took care of my father until he died, our kids, our home, worked 40 hours a week and commuted 2 hours a day.

    (As some of you know, I was working in the South/West for a year or so before)

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