Question on Modifying Child Support Payments.

[agoodfriend]

Hi,

I was just looking at some of the post and it seems a lot of people are helpful so I thought I'd give it a try.

I am doing some research for a friend on modifying his child support.  Most of what he is paying is for back child support and he is unable to pay for that and take care of his 10-yr-old child (from another relationship) which he has custody of.  He also has to pay back child support for this child because at one point the mother was on welfare.  He gave child support, but he does not have any proof he was paying because he paid with cash!  Anyway, with all the arrears growing interest, what he owes is pretty up there.

My questions is this...can he get that back child support modified due to hardship?  If so, where should it be filed.  I looked on the State of California Supreme Court website and it has the forms, but it doesn't say where it should be filed?

I have so many questions and I want to desperately help him out.  He can't afford legal help, so I offered my assistance by doing some research on the web first.  Any help anyone can offer will be MUCH appreciated!

Thanks,
L

[Peanutsdad]

Based on what you are telling me here, Im sorry, but the arrears wont go away, nor the interest. The time to modify was way back,, and its too late for that. Question,, is he recieving child support on the child he has custody of? If not, he needs to apply for it.

Typically, the state will not modify based on hardship,, their attitude is tough noogies.

[Brent]

> My questions is this...can he get that back child support modified
> due to hardship?

Back child support is rarely modifiable or dischargable. I won't say 'never', but it's generally very difficult to do.

In many cases you'll spend more trying to get it discharged or modified than the actual amount of the support itself. :(

Do a search here for child support information on the site; you may find something useful that I overlooked:

http://www.deltabravo.net/cgi-bin/search.cgi?Terms=child+support&Match=1&Realm=All

[agoodfriend]

No, he isn't receiving child support for the child he has now.  You can't squeeze blood from a turnip.  

We're both aware the arrears, nor the interest won't go away, but geez, can't they give him a break or something??  The mother of the first child took the child away and she wasn't heard from for many years.  It wasn't until he received the court papers that he realized he owed the back child support and 'til this day, the mother is not allowing him to see the child, which he is working on to get visitation rights.

He has every intention of paying the arrears and current payment.  He just need to be cut some slack so he can provide for the child he has in his custody.

Thanks!!  

[agoodfriend]

Thanks for your reply.  I am also afraid there is nothing that can be done neither, but it is worth the try.  :)

[VeronicaGia]

If his balance owed to the state is really high, and he has a lot of debt, he may want to look into filing bankruptcy on that portion.  However, he cannot file bankruptcy on back support owed directly to the other parent.

[Brent]

> We're both aware the arrears, nor the interest won't go away,
> but geez, can't they give him a break or something??

They could, but most likely they won't. This may not be what you want to hear, but it's the truth. :(  Child support officers, workers, and the  bureaucratic structure in general couldn't care less about the people who pay support or the fairness of the awarded amounts. They have zero motivation or incentive to reduce support, no matter what the reason or circumstances. It's not fair, and it's not just, but it is the way it is.

Getting a downward mod is difficult enough, abolishing or reducing arrears is next to impossible.

[anastasia]

We live in Ca as well and we just found out that child support  was taking more money that was supposed.  Probably here's a light.
This is the law:

(7) In all cases in which the net disposable income per month of
the obligor is less than one thousand dollars ($1,000), the court
shall rule on whether a low-income adjustment shall be made.  The
ruling shall be based on the facts presented to the court, the
principles provided in Section 4053, and the impact of the
contemplated adjustment on the respective net incomes of the obligor
and the obligee.  Where the court has ruled that a low-income
adjustment shall be made, the child support amount otherwise
determined under this section shall be reduced by an amount that is
no greater than the amount calculated by multiplying the child
support amount otherwise determined under this section by a fraction,
the numerator of which is 1,000 minus the obligor's net disposable
income per month, and the denominator of which is 1,000.  If a
low-income adjustment is allowed, the court shall state the reasons
supporting the adjustment in writing or on the record and shall
document the amount of the adjustment and the underlying facts and
circumstances.....
4058.  (a) The annual gross income of each parent means income from
whatever source derived, except as specified in subdivision (c) and
includes, but is not limited to, the following:
   (1) Income such as commissions, salaries, royalties, wages,
bonuses, rents, dividends, pensions, interest, trust income,
annuities, workers' compensation benefits, unemployment insurance
benefits, disability insurance benefits, social security benefits,
and spousal support actually received from a person not a party to
the proceeding to establish a child support order under this article.

The we-site for family law is:
http://www.leginfo.ca.gov/calaw.html

This web-site could help you to calculate child support:
http://www.west.net/~ivguy/testcalc.html

It doesn't mean that that's going to be the amount, but could have an idea.

You will find all the laws and code there for the State of California including Family code.

Pay attention, when reading to the definitions of net income and disposable income, THAT'S THE HINT!    If the net income is different than the net income in CS, he can make an appeal.  If he has the custody of a child, he can claim hardship.  Read very carefuly the CS codes (I just gave you a hint, but you have some of the articules use that as a guide), it is very well defined what is NET INCOME.  If he has any other expense related to work, he can deduct it.  Can I ask what kind of job does he have?  OOOPPPSS, almost forget...unfair but real Ca takes in consideration how much time the father spends with the child, the less time, the more money.  So he should settle visitation first.  Remember, the more visitation, the less child support.  Tell him to try to get "JOINT CUSTODY".... That's another "trick" that he could use and it is in the Family Code.  Ca believes in joint custody....  There are also lawyers pro-bono.  IfI find the web-site I'll forward it to you.

If you have any other question, you can e-mail me... just click in my nickname and I'll receive your e-mail.

Good luck and may God bless you for helping that friend! :)
 ;)