Good morning Charlie,Thank you for asking for me. The percentage figure doesn't give me enough information.What percentage of time are you assigned under the present order, and what will be the new percentage? Hours each week are even better.Doug
Hi Charlie, Thanks for the additional information. While there is the general rule that courts won't modify a child support order unless there has been a "material change of circumstances", there aren't any black and white guidelines for judging whether that material change of circumstances has occurred. Instead it is simply left up to the discretion of the judge.
However, the parenting time is only one small aspect of the child support calculation in CA. Much more important is the respective income of the parents. While form a purely mathematical basis, a single 10% overall change in parenting time will result in a small decrease in child support. For the typical couple, a change like the one you describe will usually only amount to a change of less than $25 to $50 a month, and depending on the incomes of the parents, sometimes much less than $25 a month. Because of this, there is a significant risk that any Modification Motion you make will not be successful. In fact a 10% change in respective incomes would generally have an impact many times greater than a similar percentage change in parenting time---so as you can see the relatively small change in parenting time is not typically a good justification for a Motion for Modification. I'm sorry. You may reply back to me again if you have additional questions, and I will continue to assist you. I wish you the best in your future, Doug
Hi Charlie, No, the financial records of your ex's boyfriend are privileged and not subject to subpoena. You can argue that she is cohabitating and that her expenses are therefore less---but the boyfriend’s finances are off-limits. However, there is a CA law allowing you to determine whether a change of financial circumstances has occurred so you can decide whether to apply for a support modification. Up to once a year after the divorce or support order, either of you can demand from the other that they provide you with a current income and expense declaration accompanied by her for last year. (CA Family Code sections 3663, 3664, 3665). If she doesn’t reply within 35 days and you seek a modification, the court can also issue monetary sanctions against her for the refusal. (CA Family Law sections 3664(b)-(f), 3667). You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. I wish you the best in 2013, Doug
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