Q: Request to modify for CS, what is the chance the custodial parent(me) pays non custodial parent cs bc I make more $ ?
I submitted a modification and it got approved for review. Court hearing a few weeks.
Legal custody is 50/50, physical custody is suppose to be 80/20(me =custodial parent) Father was absent for a large portion of his parental time this year due to substance abuse issues.
Anyways between both of us I definitely make more income. I know CS is not responsible for enforcing the parental/visitation agreement but they do take it into consideration. Currently pays 100/month(was never based on his income but based on stupid marital agreement I signed when I was trying to get rid of him, and I agreed to this number to just to move on)
So that may change, but now I’m wondering in my favor? He recently told me he quit his job but doesn’t have one lined up. . Fishy? Or maybe he got fired? Or trying to avoid modifications/payments?
Our kid is 10 and has more demands (extra curricular/sports/music/therapy) I can afford my own expenses (clothes food) but for the above Its Taxing on me
A:
In California, child support calculations primarily consider both parents' incomes and the time each parent spends with the child. Since you're the higher-earning parent and the primary custodian, there's a possibility that the child support arrangement could be adjusted in a way that might not seem immediately favorable to you.
However, the court also takes into account the non-custodial parent's ability to pay, which includes their employment status. If the father is unemployed or underemployed, the court may impute income based on his potential earning capacity, depending on the circumstances. This means that even if he is currently without a job, the court might calculate child support based on what he could potentially earn.
The increase in your child’s needs and expenses as they grow, such as extracurricular activities and therapy, are also relevant factors. It's important to document and present these expenses during your hearing, as they can influence the court's decision on the support modification.
If you suspect that the father has quit his job to avoid paying higher child support, bring this concern to the court's attention. They have ways to investigate such matters and ensure that child support decisions are fair and based on accurate information.
Remember, the primary goal of child support is to ensure the well-being and best interests of the child. The court aims to strike a balance that fairly distributes the financial responsibilities of raising the child between both parents.
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