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Home > Law > Family Law   »   modification?

 
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Old Feb 21, 2006, 12:41 PM
FSIMENTAL
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modification?

I recently had a baby girl in December, I am married and have an 11 yr. old girl. She lives w/ her mom, stepdad, and 2 yr. old son.

The court appointed me to pay $749.00 in child support (before my new baby was born). Now that I have a newborn, I want to know is it worth it to do a modification.

My income is around $50,000.00.
She does not work.
I see my 11 yr. old every other weekend, half of summer & winter vacation.

At the time of my original court hearings, I was making around $10,000.00 less at my old job. So factors are (1) my newborn, (2) my new income.

Thank you very much.

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Old Feb 21, 2006, 02:28 PM   #2  
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are you asking if you should apply for child support modification for the 11 yr old?

sos
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Old Feb 21, 2006, 02:32 PM   #3  
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Yes................
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Old Feb 21, 2006, 02:38 PM   #4  
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The amount of children living ( as for as that goes anyone else in your household) has little bearing on how much child support you pay.

Ask the 1000's of men who are re-married with two or three children by thier new wife and end up paying more because they get paid more or because the cost of living goes up.

If you go back to get to pay "less" you will end up paying "more" since your income has increased and the cost of living has increased.
You should actually feel lucky your ex has not thought of going back for more money since you got a raise.

Child support in many places are based strictly by a percent of income at the time of filing. Other times the need or standard of living of the child previous to the divorce is considered. The number of new kids in the household of the person paying the support is never a factor I have ever seen.
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Old Feb 21, 2006, 02:39 PM   #5  
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your child support will not go down. if that is what you are thinking. if you apply for modification from the state, it will go up (increase due to income increase.)

you may talk to your daughters mother though. if she will agree to lower the amount then you may apply and get it lowered.

if what your thinking is that your child support will go down because you have a new baby then the answer is no. your support is based on a per parent income.

different states vary on the support procedures though.

sos
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Old Feb 21, 2006, 03:58 PM   #6  
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Just by the figures given, and living in California, does the amount of $749.00 sound right? Do we not think it is too high of an amount to pay?
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Old Feb 21, 2006, 04:49 PM   #7  
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No it would normally be higher based on a 50,000 salary.

But you did not mention if you were providing medical insurance or other benifits for the child.
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Old Feb 22, 2006, 08:14 AM   #8  
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not familiar with CA but its a little low for my state also.

sos
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Old Feb 22, 2006, 08:33 AM   #9  
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I am paying $380.00 in health/ dental insurance.
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