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LADY LAWYER
LADY LAWYER, Family Law Attorney
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Alameda county, california. When figuring child support in

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Alameda county, california. When figuring child support in the Dissomaster...I have a few questions: 1) if one is on unemployement, making his total disposable income less than $1000.00, can the settings be legitimately changed to include low income adjustment? Can a custodial parent who pays her mother $600 a month for daycare also claim preschool costs for a child who's 3? Because of the low income adjustment, can the childcare be legitimately adjusted NOT to be split 50/50, yet splt in accordance with FC 4061B?
Submitted: 4 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 4 years ago.

Hello,

 

1) Yes, you can file a motion to modify child support because you are on unemployment. 2) The custodial parent MAY be able to claim preschool costs, as well as daycare costs, but when you file your motion to modify, you need to ask that the custodial parent PROVE that she does actually incur all these costs. She will then have to show the judge proof of what she pays. 3) Yes, because of the change in income, you can request that the apportionment be changed to reflect the terms of FC 4061B. If you have more questions, I will be happy to answer them. Please accept my answer so I can receive credit for helping you. We can always continue our conversation at no additional charge. Thanks!

Customer: replied 4 years ago.
What if the preschool costs are not entirely necessary? The custodial parent pays her mother to watch the child while she is at work waitressing at night. Custodial parent is home during the day and has provided reciepts in the past payable to her mother, but i was jus wondering about if preschool can be ordered, especially if the payer is on unemployement.
Expert:  LADY LAWYER replied 4 years ago.

Hi,

 

I should have clarified with regard to the UE. If you are on UE, the judge definitely does not have to order payment for preschool. If you're already paying it, he can reduce it or terminate it altogether. If the mother is home during the day, and works nights, there is no need to pay her mother for child care. You need to bring this to the judge's attention and have him question her as to why she would have to pay child care if she is home during the day. Still, even if he grants her money for child care and preschool, it might be a very reduced amount (not enough to cover everything she is asking for), simply because you are unemployed.

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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