What Should I Expect for a Child Support Review?

Updated on August 18, 2012
L.C. asks from San Lorenzo, CA
4 answers

I requested to review our current order 2 weeks before the noncustodial parent did. I didn't submit the paperwork because we were in the process of changing visitation. I learned a week ago that the noncustodial FINALLY called child support services. They have been trying to contact him through phone calls and notices for the past 6 months, but no response. I received a letter/packet stating that the noncustodial parent is requesting that our case be reviewed. It's been about 5 years since we've established our current order-which is a good time to maybe get it reviewed.

I looked over the paperwork. I wasn't sure if I should fill out all the information that pertains only to me OR myself and my husband? I'm currently unemployed. I've been a stay at home mom raising 4 children. (That was a hard decision to make to stay home w/the children). I left work in 2009 to care for my newborn. I was paying for childcare and commuting across the bay. I even volunteered to reduce my work hours to avoid lay-offs after maternity leave. I was commuting and paying daycare for 6 months and realized that 90% of my paycheck was going to my daycare provider and the 10% went to gas, toll. I realized that I was working for SOMEONE ELSE to care for my baby. My husband noticed it awhile back, but didn't want me to get upset if he brought it up. So, we both said that I'd stay home with the children. Anyhow, any ideas on how to fill out the paperwork and what to expect? I believe that the noncustodial parent's unemployment benefits may have expired. Suggestions? Ideas?

Thank you!

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

More Answers

A.S.

answers from Iowa City on

It should say on the paperwork if you are to include household income or just your income. If it does not, call either an attorney or the child support office and ask them.

I'm not sure how things are calculated in your state but in most states your income will be imputed if you voluntarily stopped working rather than became unemployed through no fault of your own. However, there is usually an exception if you are caring for the child(ren) who is part of the action because your skill set doesn't allow you to earn enough to pay for child care.

As to your ex's unemployment, if it has run out and he is still unemployed then he can have the support lowered or suspended. Again, it is based on your particular circumstances. Some states require proof of a search for employment. Some states will just impute minimum wage.

Your best bet is to meet with a family law attorney if you want accurate and/or specific answers.

2 moms found this helpful

V.W.

answers from Jacksonville on

Pretty certain that you only fill it out for YOU. Your income. Your household expenses. The child support is based upon the income of "the parties" (that means the parents of the child, not the new wives/husbands or kids or grandparents in the household). They need the expenses for information like cost of insurance for the child or children (at issue in the action).

The rest is more or less irrelevant.

Call your child support office for clarification before submitting it.
They get these questions all day long.

If you are not still under contract services with your child support enforcement office, then you may need to contact a private attorney, or request/fill out paperwork for renewal of your contract with the child support department.

And yes, they can impute minimum wage employment for your income when calculating the child support.
Good luck.

2 moms found this helpful

F.H.

answers from Phoenix on

You only fill out your info. I'm assuming you are remarried? If so, your current husbands income shouldn't be included. Not sure what the law is in CA but in AZ, if you are a SAHM or make less than min wage, they require you to put that you make min wage for your income. Good luck!

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.B.

answers from Boston on

Fill it out for you only. If he wants to get an attorney and go for "attribution of income (AOI)" he can do that after you fill out your paperwork. AOI basically means that he can say that you are unemployed by choice (which is true) and that if you were employed, your income would be $X and therefore your income for the purposes of determining current support should be that amount. It's not something that is commonly used and it's hard to prove so there is probably a state guideline for determining the income of parents who are unemployed by choice.

1 mom found this helpful
For Updates and Special Promotions
Follow Us

Related Questions