[myeasley]

Hello all,
I live in CA and have been with my boyfriend for 3 years. His divorce was finalized 8/26/04 and his ex remarried 2 days later. Throughout all the court battles for custody, schooling, and child support he had to pay her $600 a month for alimony (they were only married 6 years) and $1250 a month for child support for 2 children who we have 13-14 days out of the month which is almost 50/50, but their mother doesn't work, she goes to school full time and has been for almost 4 years (says she wants to be a nurse). When everything was finalized we got the alimony dropped but he still pays the $1250 a month for child support. What I want to know is what are his rights of trying to get the payments lower, if any, since we have them just as much and she doesn't work, but is married and supported by someone else?
Thank you so much for your help, this drives me crazy.
M

[Fr_Chuck]

Hello all,
I live in CA and have been with my boyfriend for 3 years. His divorce was finalized 8/26/04 and his ex remarried 2 days later. throughout all the court battles for custody, schooling, and child support he had to pay her $600 a month for alimony (they were only married 6 years) and $1250 a month for child support for 2 children who we have 13-14 days out of the month which is almost 50/50, but their mother doesn't work, she goes to school full time and has been for almost 4 years (says she wants to be a nurse). When everything was finalized we got the alimony dropped but he still pays the $1250 a month for child support. What I want to know is what are his rights of trying to get the payments lower, if any, since we have them just as much and she doesn't work, but is married and supported by someone else?
Thank you so much for your help, this drives me crazy.
M

Depending on his income that is fairly low or at least average, my son pays 1000 a month child support for one child. A lot of it is income based at a rate the court believes proper.

He can see if his lawyer believes filing back into court now would work, or perhaps waiting a year. Do child custody is ever final, many times you will be back and forth in court till the children are 18. He can try, but if this has just been ruled on, most likely you will have to, or at least should wait a few months before trying

[fredg]

Hi,
I agree with the other answer of asking his lawyer's advice.
Child support payments can be changed, but must be proven with a change in income, other things to consider also.
Please ask the lawyer.
I do wish you the very best; and as already stated, this will continue until usually the age of 18!

[alysonheather]

Hi. I'm not sure about California laws; however, AZ child support laws allow a parent to request modification of child support after one year if, based on the child support calculations, the new amount will be increased or decreased by 15%. The court will consider changes in salary/income of either parent, change of custody, changes in health insurance, obligation of either parent to support other children, unexpected medical/educational/child care costs, etc.

Not sure if this helps, but hope so!