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  1. #1
    Join Date
    Aug 2015
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    1

    Default Does Child Support Change if the Non-Custodial Parent Moves Out-of-State

    My question involves child support in the State of: California

    I am the non-custodial parent and I can no longer afford to live in California due to both taxes and the high amount of child support I am paying. I am moving to Nevada and want to maintain my visitation with my children, using a modified schedule over summer and school breaks. Does a move to Nevada automatically mean that my child support will increase because my disposable income MIGHT increase? I lose state tax deductibility on my Federal taxes. When I run the calculation on the dissomaster provided online, nothing changes, but I have been told by an attorney that it might increase, however, guideline shows otherwise.

    Anyone with any experience????

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Child Support in California with Non-Custodial Parent Moving to Nevada

    Your child support obligation is defined by formula.

    If your attorney is aware of facts that we don't know, that he believes might result in a change of your support obligation, you should ask the attorney for additional details.

  3. #3
    Join Date
    Aug 2015
    Posts
    6

    Default Re: Child Support in California with Non-Custodial Parent Moving to Nevada

    Isn't your move going to change the percentage of time the children are with you and the custodial parent remaining in California? Many things are considered but the percentage alone could have an impact.

  4. #4
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Child Support in California with Non-Custodial Parent Moving to Nevada

    Nevada doesn't go by timeshare, it's a straight percentage of income. However, CA does incorporate timeshare which could actually, as pointed out, increase your support.

    As long as one parent remains in CA, the state has exclusive, continuing jurisdiction over the matter, including support, so you may find your efforts to be fruitless. Go look at CA Family Code Secion 4909.

    You'd best speak to an attorney if your primary interest in moving is a reduction in support. Also, the job market in NV is horrible right now. You shouldn't move unless you have a job situated.

    From experience I can tell you that when we were paying support for my step kids, who lived in a state that doesn't have income tax, it did nothing to reduce our support obligation.

    Toy really need to talk to a lawyer in the jurisdiction where your support order was issued for answers to these questions. He or she will have a better idea of how judges in that jx will rule regarding these factors.

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