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Brian Don Levy was admitted to the State Bar of California in 1973, and he has been specializing in family law, civil litigation, business & transactional matters and estate planning since 1973. Mr. Levy has regularly served as a Judge Pro Tem and as an approved Family Law and Civil Litigation Mediator and Arbitrator since 1978. Additionally, Mr. Levy is on the panel of the Los Angeles County Superior Court approved Civil and Family Law Arbitrators and Mediators. Mr. Levy is also a member of the Coalition For Collaborative Divorce, where he provides collaborative family law services. Our spectrum of services includes Paralegal Support Services, Mediation Services, Arbitration Services, Collaborative Divorce Services and Litigation Services throughout Los Angeles County, Orange County, Riverside County and San Bernardino County.

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#227201 - 10/25/09 01:35 PM child support.... does this sound right?
muleskinner Offline
Member

Registered: 10/25/09
Posts: 6
I just went thru an OSC hearing and I now have custody of my 17 yr old son and 86% parenting time. She gets him 4 days a month. The judge said that he saw no change of circumstances to modify the child support from the $1200/mo I'm paying now. Is this right? because the CA child support calculator says different.

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#227205 - 10/25/09 04:39 PM Re: child support.... does this sound right? [Re: muleskinner]
dvd Online content
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Registered: 04/02/07
Posts: 4169
Perhaps, because there are only few months left before the child is 18, or because the judge thinks that it's enough reward for you to have much more custody than the mother. In theory, yes, she should pay you CS instead, but the judge may be biased not to allow it switched.

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#227206 - 10/25/09 04:44 PM Re: child support.... does this sound right? [Re: dvd]
muleskinner Offline
Member

Registered: 10/25/09
Posts: 6
Ok but I thought in CA the child support guidelines were what dictated the amount of support.

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#227209 - 10/25/09 05:08 PM Re: child support.... does this sound right? [Re: muleskinner]
emilyrae Offline
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Registered: 07/20/09
Posts: 417
Loc: Pasadena, MD
How much custody did you have before the hearing?

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#227211 - 10/25/09 06:14 PM Re: child support.... does this sound right? [Re: muleskinner]
dvd Online content
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Registered: 04/02/07
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"Ok but I thought in CA the child support guidelines were what dictated the amount of support."

I don't know whether custody time is part of CS guidelines in CA, but if it wasn't, then your much more income than your ex probably the reason you still sending CS over to her and resulted in the judge view of "no change in circumstances". Didn't they explain to you at all?
There could be other factors that we don't know based on your limited information.

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#227221 - 10/26/09 05:02 AM Re: child support.... does this sound right? [Re: muleskinner]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Nope. Judge has final authority - that's why they're called "guidelines" and not "Official Statutory Regulations".
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Disclaimer:Not actual legal advice!

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#227243 - 10/26/09 10:44 AM Re: child support.... does this sound right? [Re: Tali_Llama]
LatteFiend Offline
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Registered: 05/18/03
Posts: 719
Loc: Massachusetts
Am I missing something? You have custody, but you are paying her the same (significant) amount???

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#227282 - 10/26/09 09:20 PM Re: child support.... does this sound right? [Re: LatteFiend]
muleskinner Offline
Member

Registered: 10/25/09
Posts: 6
yes, thats exactly right. Only now I am primary custodian and have him all but 4 days a month. 86% parenting time to 14%. I had to file an OSC to have the court reconsider. I hope the judge made a mistake. This is totally unfair to me

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#227286 - 10/26/09 10:23 PM Re: child support.... does this sound right? [Re: muleskinner]
LatteFiend Offline
Expert
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Registered: 05/18/03
Posts: 719
Loc: Massachusetts
that's insane! at WORST, she should be paying minimal CS. the idea that she can be NCP and get paid for the privilege is crazy!

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#227592 - 11/02/09 09:40 PM Re: child support.... does this sound right? [Re: LatteFiend]
muleskinner Offline
Member

Registered: 10/25/09
Posts: 6
well Tali Llama, obviously you don't have much of an idea about CS guidelines in CA. The guidelines for the calculator are the parameters for the courts to use in calculating the support. I belive the judge flipped the parenting time and got it backwards. How is it that I am responsible to pay for my son for 26-27 days a month then pay the ex $300 a day for the 4 days she has him????

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#227593 - 11/02/09 11:13 PM Re: child support.... does this sound right? [Re: muleskinner]
justche Offline
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Registered: 07/13/05
Posts: 810
It appears you just got custody? Is that correct? What was it before the recent court decision? What was your child support previously, and did you have any arrears?

Were you at the hearing? Did you ask the judge why he ruled what he did?

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#227608 - 11/03/09 10:16 AM Re: child support.... does this sound right? [Re: muleskinner]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Well, you're right. I have no understanding of California guidelines. I'm a tard. And.. now that you know exactly what happened, you have no use for me and you know exactly what to do.. so.. get to it! cool
_________________________
Disclaimer:Not actual legal advice!

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#227691 - 11/04/09 09:29 PM Re: child support.... does this sound right? [Re: Tali_Llama]
muleskinner Offline
Member

Registered: 10/25/09
Posts: 6
It was 1200 mo. before the hearing. We had joint custody with my ex as primary and he lived with his grandma. we had visitation whenever. I had no arrears. when I put the numbers in the CA CS guideline calculator it shows me paying her bout $50 mo. but she only works 3.5 hrs a day and won't get a full time job. She uses the $1200 to supplement the $300 mo. in SS. I didnt get a chance to ask the judge because he said he was taking it under submission, walked out for lunch, and gave the ruling the next morning. I have a hearing on NOV 23 to ask him to reconsider. Any suggestions anyone/??????

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#227695 - 11/05/09 03:41 AM Re: child support.... does this sound right? [Re: muleskinner]
Tali_Llama Offline
Superstar
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Registered: 06/17/03
Posts: 6740
Loc: S. California
All I can guess, is that it sounds like either the judge didn't want to reassign child support - given that your teen is almost an adult; or, like you surmised, one of the judge's staff just guessed that the custodial parent was the mother and maybe that staffer entered the numbers improperly. You'll know after the hearing.

You should gather evidence regarding your child's mother's 3.5 hour a week job, and be prepared to argue that her wages should be imputed. Walking in armed with two dissomaster printouts - one for her current actual wages, and one for the imputed wages, couldn't hurt at all..
_________________________
Disclaimer:Not actual legal advice!

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#227737 - 11/06/09 08:03 AM Re: child support.... does this sound right? [Re: Tali_Llama]
muleskinner Offline
Member

Registered: 10/25/09
Posts: 6
I had so much info in the first hearing but because I was in pro per I think the judge just kinda blew me off. I got into about 2% of the info I had. I had case law to support my claims of imputed income, a parents obligation to support their own kids equally , and even cohabitation,which I did prove but the judge said in his decision that since she was only receiving $300 mo for SS that the rebuttable presumption wasn't there to decrease the SS. If I can get the judge to accept the imputed income the Child guideline calc and the dissomaster show her paying me about $60 mo. If not then it shows me paying her about $50 mo.

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