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I have one son with my ex-husband (50/50 legal & phsical).

He has higher income &...
I have one son with my ex-husband (50/50 legal & phsical). He has higher income & lower expenses & I did not seek child support at divorce. Recently he has moved in with his girlfriend which decreases his expenses by half. What is the law & my chances to seek and recieve child support?
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8/2/2013
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

What is the law & my chances to seek and recieve child support?

You may seek and likely receive child support. Allow me to explain.

1) Child support orders are modifiable at any time the court deems it necessary. Ca Fam § 3651(a).

2) The courts will modify a child support order if you can show a "material change of circumstances." In re Marriage of Burgess, 13 Cal. 4th 25 - Cal: Supreme Court 1996.

3) Because he has decreased his expenses, then this arguably qualifies. You may also wish to argue that your expenses for the child have increased, unexpectedly, and be prepared to illustrate how so.

4) This is done via a special pleading requesting modification of child support. An attorney is recommended, but not required (but still, is strongly recommended).

5) May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Let me know if you need leads to pro bono / low cost attorneys in CA.

I hope this helps and clarifies. Good luck.

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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago

I would think that there is an income & expenses calculation to assess a modification. Do you know of a tool or calculation that I can use? I do not want to go through a modification process to find out that he must pay me $50/month. This wouldn't be worth my time. Many thanks!

Hello,

Sure - please see here.
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Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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