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  1. #1
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    Default Child support out of country

    I am currently paying child support in California, but I will be going back to China. I was wondering if the child support will be adjusted accordingly to the income that I will get in China?

  2. #2
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    Default Adjustment of Child Support

    Not automatically. You can petition for an adjustment.

  3. #3
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    Default

    Is it possible that the court will not allow me to relocate to China due to lower income in China?

  4. #4
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    That's not likely, as the court's real power is over the minor child's domicile as opposed to yours, but they may keep your child support at its current level.

  5. #5
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    The thing is I would only support my obligation as much as it is within my ability. If my ability is just earn as much as average every other person in China, which is 1000-2000 yuen, when you divide that by 8, which equals to $250 US dollars. That's my ability, and I am willing to support my children as much as it's within my ability.

    If the court order the child support outside my ability, that's another.

    The funny thing with the federal laws is that assumed in the worst scenario, i owed more than $5,000 in child support, and my US passport is expired, I can't even get back to the US, because it will be denied, so then I can't even see my children. Nevermind the driver license suspend or occupational license, all of these I believe is trying to lock down people without the ability to pay which will make things worse than better. If the living standards of parents of the children aren't improving, I don't see how the children would be benefits from any of these hassles put in to the non-custical parent.

    An attorney told me that if you are not coming back to US, then you don't have to worry about child support and all of those issues, but want to suppose my children as much as that I would, in the worst case scenario, the court of the law makes things much complicated than it should be. What do you all think?

    Thanks, I appreciate any inputs.

  6. #6
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    If you are able to stay in the U.S. and earn a higher wage, the Court may consider that higher wage. If you choose to move back to China, even though you can't make anywhere near as much, that's a voluntary reduction in income and the court doesn't have to reduce your support.

    Your attorney seems to be telling you that if you walk away from your responsibilities and abandon your children, it is unlikely that your ex- would be able to successfully pursue child support through the Chinese legal system. Which may well be true, if such a choice is consistent with your character.

  7. #7
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    Quote Quoting Mr. Knowitall
    If you are able to stay in the U.S. and earn a higher wage, the Court may consider that higher wage. If you choose to move back to China, even though you can't make anywhere near as much, that's a voluntary reduction in income and the court doesn't have to reduce your support.

    Your attorney seems to be telling you that if you walk away from your responsibilities and abandon your children, it is unlikely that your ex- would be able to successfully pursue child support through the Chinese legal system. Which may well be true, if such a choice is consistent with your character.
    Thanks for your reply, you make good points which I have considered, yes, I chose where I live, that's my right, but if the court impose support amount based on US than in China, then it is in another words, forcing me to remain in this country. One cannot reasonably to expect someone to get China's income to afford the living standards of the US.

    I also realized the court is here to protect people that doesn't know how to protect themselves, which in this case the kids. That's why I also offer to take a child with me back to China, that way we don't have to deal with the child support hassle, but if she didn't take my offer, what more can I do?

    I cannot stay in the US just because my children are here, I have to survive on my own. I cannot -not- continue to move on my life because of my children. As they grow older, they would choose where they live, but they should also expect to survive by themself when they make that decision, but when my kids can't make decision themselves, the parents should make the decision. Hence, when my ex doesn't take my offer, she supposed to take the decision of surviving with 2 kids herself with or without my support.

    It's not my character to abandon my children, but if the court choose to enforce unrealistic support amount, me to do so by imposing the amount which I cannot pay, then I cannot pay.

    In the court of the family law, it's here to protect the children, but I don't see how the results of court system involvement in this case that would benefit the children.

    Also when you say "If you are able to stay in the U.S. and earn a higher wage" If assumed one cannot survive in the US, say, someone doesn't know or understand English, and cannot survive working minimum wage job and have to go back to their own country to survive, do you say that he is able to stay in the US or not?

    I have absolutely -no- idea how or what gets the judge to assume that someone would or can survive practically in in terms of living expenses, the most expensive in the states of America by making minium wage job. On top of that us child support is usually half of the pay check after taxes. So the net income is basically $500 for minium wage job, no wonder over 3 millions of non-custical parent cannot pay child support in the US, it sounds its that there are some problems with child support formula that is calcuating child support which is mentioned in a few research studies.

    http://www.urban.org/authors/authort...891&topicid=11

  8. #8
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    Quote Quoting exegesis_saves
    Also when you say "If you are able to stay in the U.S. and earn a higher wage" If assumed one cannot survive in the US, say, someone doesn't know or understand English, and cannot survive working minimum wage job and have to go back to their own country to survive, do you say that he is able to stay in the US or not?
    We're talking about a theoretical person now? Or you? Because you seem to have a very good understanding of English - better than a lot of the native speakers who post here.

  9. #9
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    Quote Quoting Mr. Knowitall
    Quote Quoting exegesis_saves
    Also when you say "If you are able to stay in the U.S. and earn a higher wage" If assumed one cannot survive in the US, say, someone doesn't know or understand English, and cannot survive working minimum wage job and have to go back to their own country to survive, do you say that he is able to stay in the US or not?
    We're talking about a theoretical person now? Or you? Because you seem to have a very good understanding of English - better than a lot of the native speakers who post here.
    That's not me, but I am not alot better than that. If I would survive in China earning 1000-2000 but I cannot in the US, due to taxes, unrealistic child support amount, then I don't think I can say that I am able to stay in the US. In my opinion, the bottom line is simple as that the living standard of the children shouldn't decrease, but the living standards of the paying paying shouldn't decrease, or otherwise it will end up no support to the children because the paying paren't can't survive themselvs.

    The court or the social is trying to make or find every ways for the paying parent to pay, but they never question the child support system as a whole -- why aren't they paying? Is there a problem with the formulaa calcuating the child support amount? If so, what can we do? Did the custical parent actually benefit from the child support and maintainer a higher living stander than before while the paying parent is barelying making a living? It seems no one or even the judge whom we are all paying his salary is doing anything to protect the people which the principle of the court is to be maintain.

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