Dallas, TX asked in Child Support and Family Law for California

Q: How to contest ex's increased child support claim after job change?

I have a child support court hearing in California where I am requesting a reduction in my support payments. My ex previously had a full-time salaried job but decided to quit to start her own business, resulting in a lower income. She claims this lower income on her income and expense declaration, arguing for more support. I want to contest this since her health insurance payments have significantly decreased since she left her job, and this impacts her financial needs. Additionally, she stated she left her job to take care of the baby. How can I effectively argue against her claim for increased support?

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James L. Arrasmith
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Answered

A: You can argue that your ex voluntarily reduced her income by quitting her salaried job, which should not automatically justify an increase in child support. Courts in California may consider whether a parent is voluntarily unemployed or underemployed when determining support payments. You should present evidence that she had the ability to maintain her previous income but chose not to, which impacts the fairness of any modification request.

Another key point is the reduction in her health insurance costs. If she previously paid a significant amount for health insurance through her job and now pays much less, that decreases her financial burden. You can highlight this change to show that her overall expenses have not increased as much as she claims. This can help demonstrate that her need for additional support may not be as substantial as she argues.

Additionally, if she claims she left her job to care for the baby, the court may consider whether childcare costs have actually increased. If she is now working from home and avoiding daycare expenses, that should be factored into the calculation. Presenting clear financial documents, pay stubs, and any relevant records will help support your case.

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