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  1. #3
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    Jul 2006
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    Default Re: Can't Afford Guideline Support

    Quote Quoting AlexanderDumas
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    My question involves child support in the State of: CA

    I posted this in another forum, but was bascially ripped to shreds. I'm hoping someone here can give me some contructive advice.

    My question involves child support in the state of CA.

    Hi,

    The mother of my child and I just finished a custody case. I was asking for primary custody, but lost. We did go to mediation and the mediator gave me about 27% parenting time, but I really wanted custody so I objected to the mediation and went to trial. In the judges ruling, he ordered everything stay the status quo, which is every other weekend, split holidays and 2 weeks in the summer. That equals about 19% parenting time.

    From the time my child was little, I tried to pay as much support as I could. I was paying $200 a month up until August of 2006. At that time, my car broke down and I asked the mother if I could hold off on payments. She agreed, so I have not paid anything in 3 years.

    After the custody hearing, my childs mother filed for child support. I think she did it out of spite because she was mad about my custody motion. I had a meeting with the child support agency last week and they are telling me they are going to garnish my wages and I'll have to pay $900 a month!

    I have told my child's mother I can't afford this much and she refuses to respond to me. The child support case worker told me I can go before a judge to appeal the amount, so I am going to do that. What can I tell him to get the amount lowered? As I understand it, my house payment, truck payment, etc are irrelevant in this calculation.

    I'm really scared here. $900 a month would devastate my finances. I would probably lose my house. If anyone has any advice as to what might convince a judge to lower my payments, I would appreciate it.
    The CS is set according to the state guidelines based on incomes.
    If the $900.00 is the guideline amount, you will have to figure out some way to pay it and pay your other bills at the same time.

    I realize that this comes as a shock to you, especially when you were paying far less than guideline amount, and that ex agreed to accept no money at all for the last 3 years. However, it is what it is, and you have not posted anything that would allow for a deviation from the guideline amount.

    You should look into getting a second job, or if you are in a situation where you could move to a less expensive home, or sell your truck and buy a less expensive one, etc.

    You didn't mention any retro support, so you should consider yourself fortunate that you aren't being also hit with many thousands of dollars in retro support.

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