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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 1301
Experience:  Attorney
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I am trying to hire a lawyer to help reduce the amount of

Customer Question

I am trying to hire a lawyer to help reduce the amount of child support I am paying. The amount is causing me a financial hardship and I need help in filing for it to be reduced in California but I live in Spokane, WA
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: The child support is in California but I live in Washington
JA: Has anything been filed or reported?
Customer: just a divorce decree/ separation agreement that stipulated I pay $400 per month in CA, I haven't filed anything in WA
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of
Submitted: 2 months ago.
Category: Family Law
Expert:  Bill Attorney replied 2 months ago.

Dear Customer ,

Thank you for posting your domestic relations and child support question.

Because the order is in California it is possible to apply to the court for a reduction of support payments and consideration of determinable income based upon hardship grounds.

The financial hardship grounds are the following:

(a) Circumstances evidencing hardship include the following:

(1) Extraordinary health expenses for which the parent is financially responsible, and uninsured catastrophic losses.

(2) The minimum basic living expenses of either parent's natural or adopted children for whom the parent has the obligation to support from other marriages or relationships who reside with the parent.  The court, on its own motion or on the request of a party, may allow these income deductions as necessary to accommodate these expenses after making the deductions allowable under paragraph (1).

(b) The maximum hardship deduction under paragraph (2) of subdivision (a) for each child who resides with the parent may be equal to, but shall not exceed, the support allocated each child subject to the order.  For purposes of calculating this deduction, the amount of support per child established by the statewide uniform guideline shall be the total amount ordered divided by the number of children and not the amount established under paragraph (8) of subdivision (b) of Section 4055.

(c) The Judicial Council may develop tables in accordance with this section to reflect the maximum hardship deduction, taking into consideration the parent's net disposable income before the hardship deduction, the number of children for whom the deduction is being given, and the number of children for whom the support award is being made."

You would motion the court for a modification based upon the above.

The is provided by Family code 4070

"If a parent is experiencing extreme financial hardship due to justifiable expenses resulting from the circumstances enumerated in Section 4071, on the request of a party, the court may allow the income deductions under Section 4059 that may be necessary to accommodate those circumstances."

Your petition for reduction in support should meet once of the above circumstances so that it will be successful.

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Attorney Bill