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Anyone have experience with CS being altered due to father losing job?

marty15's picture

Submitted by marty15 on Thu, 07/19/2012 - 3:05pm

Forums: 
Blended Family Issues

I know this is a question better suited to a lawyer but it's just a hypothetical question that I have wondered about and don't want to call lawyer to ask (because don't want to get that bill for the 15 minute conversation.)

If anyone in California has had this experience I'd love to know how it went down for you.

Okay, so if a CS-paying parent loses their job (in California), and either A) Has no income for several months and/or Dirol Finds another job at for significantly less pay, how long does it take for CS to get lowered?

Do you just have your lawyer file something saying you've lost your job or gotten a lower paying job, and therefore petition to have CS reduced, or.... ??? How long does it take for CS to get recalculated and the new lowered amount ordered?

Anyone gone through this?

herewegoagain's picture

Submitted by herewegoagain on Thu, 07/19/2012 - 3:22pm

If it ever happens he should file IMMEDIATELY with the courts. Not reason to pay a lawyer money when you have none. By the way, most states will NOT lower a thing although they are supposed to. Find the actual laws for California and have him take them with him to mediation/CS, etc. that way, they know that HE KNOWS his rights.

http://www.courts.ca.gov/1196.htm

marty15's picture

Submitted by marty15 on Thu, 07/19/2012 - 3:34pm

That's good info, thanks. I guess they key is to file immediately so that even if it drags out, it can be reduced retroactively from when you filed.

I can't imagine how the court could NOT lower the amount, if everything else (other parent's income, custody % share) has remained the same. We have 50/50 custody and the only reason BM gets all the CS is because DH makes so much more than she does. But if his income dropped significantly, I can't see how he could be made to keep paying the same amount based on a higher income he no longer has. That would be maddening!

buterfly_2011's picture

Submitted by buterfly_2011 on Thu, 07/19/2012 - 3:49pm

In our state...... we had to get our attorney to get the paper work going. It was lowered. It took forever though and we were paying out the ass while waiting. Leaving us with NOTHING from his income to help with anything.