Should there be a change in support when you move?
This is a discussion on Should there be a change in support when you move? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; NY - We live in NY and my husband's daughter and her mom now live in Lafayette, Louisiana as of ...
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#1 |
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NY - We live in NY and my husband's daughter and her mom now live in Lafayette, Louisiana as of 2 years ago. They didn't tell us until 6 months ago that had they moved from Anaheim, California but are still collecting child
support at the California rate and are using a CA address so the child support unit will not know they move. Can we ask for a review to be done to reduce the rate seeing as though the standard of living is so much less in Louisiana? If not, what can we do? Also, there is an issue of whether or not she is his biological daughter because the mother had multiple affairs and refuses to allow DNA test. |
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#2 |
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Moderator
Join Date: Apr 2008
Posts: 1,910
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First, child support is not really based on standard of living. It is based on relative incomes.
Second, courts do not usually grant changes in child support unless the amount would differ by at least 10% from the existing order. So, the change due to standard of living would have to be pretty significant. Lastly.... It is (unfortunately) very difficult to alter a court's declaration of paternity, even if DNA disproves biological parenthood. Basically, the courts do not care. They just want SOMEBODY to pay for the child so it won't require public assistance. Whether or not this is the actual father or simply some poor sap with ineffective counsel is irrelevant to them. True. But, the laws on this are changing, and some States are allowing men to challenge their paternity. You should be able to get a sample for a DNA test during your nest visitation. I think all they need is a cheek swab. Contact a testing agency to be sure, and contact an attorney to find out about recent changes in your State's laws. |
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#3 |
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Top Level Member
Join Date: Sep 2008
Posts: 2,129
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I would think California's Formula is different than other states.
I'd try contacting the child support agency in the state in which they now reside...or contact your local agency just to get an idea of what if anything can be done. |
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#4 |
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Thank you for your insight. It's been a huge frustration because the mom kept increasing the amount of support, which ended up being more than 50% of his income, knowing that he moved from CA and didn't earn even 1/3 of what he did. TO make matters worse, he informed them that he had lost his job due to a computer error with the child support unit in CA stating that he wasn't paying but it was clearly coming out of his check, which resulted in him not only losing his professional licenses but also left him homeless. They finally sent him a letter years after the fact apologizing for the error but it was after he lost everything. It actually happened again with the same mom when she absolved him of the arrears then when her boyfriend left her and stuck her with a huge truck payment, she reinstated it. Can she do that? And is it legal to keep a CA address when she actually lives in LA?
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#5 |
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Top Level Member
Join Date: Sep 2008
Posts: 2,129
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You should probably pay the small fee on this site for the ask an attorney section if contacting the child support agency in the county she currently resides doesn't give you a clear idea/path as to where to go from here.
I wish you luck and hope to hear back from you! |
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