QUESTION
Do I have to contniue to pay full child support after losing my job?
Asked on Oct 18th, 2013 on Child Support - California
More details to this question:
I have been out of work (and have not worked a day this month). My ex-wife and I have an agreed amount of child support that I pay - note we share 50/50 physical custody of our 2 children. I do not have any money saved in the bank so this month I will not have any money to give her. I am remarried and my new wife makes enough money to get us through this period of no work (she is paying the bills, school tuition, etc.). First I don't know if our divorce agreement is like an open child support case cause the court just approved it but we don't have a child support case with the state cause it was a agreed amount. But we had nothing in the agreement about losing my job. She says I have to pay full amount cause my new wife makes enough to pay her. My new wife is not opbligated to pay this amount. Can I pay a reduced amount to for this coming month because I have no income or must my new wife pay my exwife the full amount?
1 ANSWER
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You new wife is not obligated to pay your child support. When you have a change in circumstance such as a loss of a job, you would need to file a Request for Order to lower your child support payment.
This new order would take into account the income of your ex as well as your own lack of income (you may get unemployment insurance which would be calculated as income) and a new child support order would go into effect.
Answered on Oct 20th, 2013 at 12:20 AM