Full question:
My ex pays his second ex wife at least 10 times the child support for the one child he has with his brief 24 month marriage to her. He does this by letting her live rent free in a 2 million dollar home, and paying all of her expenses through the business. She also gets $2,000 per month and a salary because he is letting her run the business. (cash business,_laundry machines) a business that I started with him 20 years ago. I was married to him for 8 years and only get $500.00 a week to support our 17 year old daughter. Is this legal? Don't both kid's deserve the same support?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: California
Answer:
Either or both parties may be ordered to pay an amount reasonable and necessary for the support of any minor children of the marriage. The State of California has enacted child support guidelines which establish the presumptive correct amount of child support due. Deviation from the guidelines requires the court to state in writing why the application of the guidelines would be unreasonable or unjust, and:
1. The amount of support that would have been ordered under the guidelines;
2. The reasons for the deviation;
3. The reasons the support ordered is in the bests interests of the child.
A court may award additional expenses. If the parties have sufficient financial resources, a court may require the non-custodial parent to pay for a share of the child(ren)'s extracurricular activities or other expenses. If the parties have limited financial resources, a court will likely find that the cost of such activities should be covered by the basic child support award.
Courts typically rule on extra child support requests on a case-by-case basis, based on the non-custodial parent's income. A parent with a high income is more likely to have the court rule favorably on reasonable requests for extra child support for these additional expenses. If he/she is struggling to pay necessary living expenses or if he/she has started a new family, the court will likely rule that the additional expenses are covered by the basic support award.
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, emancipation of a child, or contribution to expenses by another due to cohabitation or remarriage. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
If a party chooses to pay beyond what is ordered by the court, this is not prohibited by law. However, it is possible the court would take this into account if a request for a modification of child support is made. Such payments may indicate that the obligor's doisposable income has increased since the support was originally calculated.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
