Link writing in the Child Support Modification

Aug 6th, 2022
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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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If you agree to change the amount of support If you and the other parent agree that you want to change a child support order, you will have to apply to make the change in the same court that made the original order. This is called bringing a motion to change.
Under California law, for the most part, a new spouses income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents gross income.
If the support payer has one child with one parent and two children with another parent, then the support payer pays the full table amount for one child to the first parent and pays the full table amount for two children to the second parent.
Generally, changes in the recipient spouses living conditions, such as remarriage or new employment, will not result in a change in the Table amount of child support. This is because the payors obligation is to the child directly: children have a right to benefit from their parents financial means.
You and the other person may be agreeing, right from the start, to change or end a final order or agreement for child support only. In this case, you should complete Form 15D: Consent Motion to Change Child Support together. You use one form, and both of you sign it. The assignee, if any, signs the same form.
The quick answer is no. A new partners income is not generally included in calculating child support but in certain limited circumstances it may be a factor. The primary legal duty to support a child lies with the childs biological parentsnot the new partner.
The remarriage of your ex-spouse (and the potential resulting change of financial circumstances) does not automatically bring your spousal support obligations to an end. The spousal support consequences of remarriage depend upon what your agreement determined at the time of separation and divorce.

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