Please i need help with this case

[ITP]

Hi everyone i hope someone can help me with some questions i have.
So my husband had an affair couple months ago and had a child with this woman, she said she knew what she also did and that she didn’t want our money cause she knew it was for the 2 kids that we have together. Of course it was all lies and she opened a child support case as soon the baby born. Now he have to pay $1300 per month cause he get paid more than her. I still trying to work out things in this marriage but i want to move back to Mexico, so I’m worried cause in Mexico we ll be making about $600 hundred per month and I don’t think the jury will care about that. What can we do?

 

[Just Blue]

Hi everyone i hope someone can help me with some questions i have.
So my husband had an affair couple months ago and had a child with this woman, she said she knew what she also did and that she didn’t want our money cause she knew it was for the 2 kids that we have together. Of course it was all lies and she opened a child support case as soon the baby born. Now he have to pay $1300 per month cause he get paid more than her. I still trying to work out things in this marriage but i want to move back to Mexico, so I’m worried cause in Mexico we ll be making about $600 hundred per month and I don’t think the jury will care about that. What can we do?

What state?

 

[Just Blue]

I didn’t realize you have a jury for family court? That’s interesting...

However I believe if your income is decreased to $600 a month a modification to child support can be arranged.

But I’m not 100% sure if your actual question(s) and maybe more information and detailed questions would produced better answers.

On the other note I’m very sorry this happened and you’re stronger woman than I! I just couldn’t handle that. Good luck!

Voluntary reduction in income will not get a reduction of income. We don't know the state in question (OP never posted it) so we can't know really how to advice. Each state has their custody/support laws. Please keep that in mind when advising...if you don't know the law you will need to look up the state statute.

 

[JoeNColesMomma]

Voluntary reduction in income will not get a reduction of income. We don't know the state in question (OP never posted it) so we can't know really how to advice. Each state has their custody/support laws. Please keep that in mind when advising...if you don't know the law you will need to look up the state statute.

Post deleted

 

[ITP]

Voluntary reduction in income will not get a reduction of income. We don't know the state in question (OP never posted it) so we can't know really how to advice. Each state has their custody/support laws. Please keep that in mind when advising...if you don't know the law you will need to look up the state statute.

Sorry I totally forgot, I’m in California.

 

[ITP]

What state?

California

 

[stealth2]

Hi everyone i hope someone can help me with some questions i have.
So my husband had an affair couple months ago and had a child with this woman, she said she knew what she also did and that she didn’t want our money cause she knew it was for the 2 kids that we have together. Of course it was all lies and she opened a child support case as soon the baby born. Now he have to pay $1300 per month cause he get paid more than her. I still trying to work out things in this marriage but i want to move back to Mexico, so I’m worried cause in Mexico we ll be making about $600 hundred per month and I don’t think the jury will care about that. What can we do?

Well, as stated above, a voluntary reduction in income will not affect your husband's financial obligation to the child he helped create, although it is certainly unfortunate he didn't consider the ramifications of his behavior.

 

[ITP]

Well, as stated above, a voluntary reduction in income will not affect your husband's financial obligation to the child he helped create, although it is certainly unfortunate he didn't consider the ramifications of his behavior.

Yes it is.

 

[LdiJ]

Hi everyone i hope someone can help me with some questions i have.
So my husband had an affair couple months ago and had a child with this woman, she said she knew what she also did and that she didn’t want our money cause she knew it was for the 2 kids that we have together. Of course it was all lies and she opened a child support case as soon the baby born. Now he have to pay $1300 per month cause he get paid more than her. I still trying to work out things in this marriage but i want to move back to Mexico, so I’m worried cause in Mexico we ll be making about $600 hundred per month and I don’t think the jury will care about that. What can we do?

What is your legal status in the US? Are you citizens, permanent residents or undocumented aliens? What would your legal status be in Mexico? It makes a difference in what might happen if you return to Mexico.

 

[Just Blue]

Yes it is.

If you are determined to stay with your cheating husband then I suggest you separate your finances. That way if he get's behind in child support they (child support services) won't take your income in the checking account/tax returns.

 

[Zigner]

And please don't encourage him to simply run away from his obligation.

 

[ITP]

What is your legal status in the US? Are you citizens, permanent residents or undocumented aliens? What would your legal status be in Mexico? It makes a difference in what might happen if you return to Mexico.

My husband and one child have citizens and my son and I permanent residents.

 

[Just Blue]

Hi everyone i hope someone can help me with some questions i have.
So my husband had an affair couple months ago and had a child with this woman, she said she knew what she also did and that she didn’t want our money cause she knew it was for the 2 kids that we have together. Of course it was all lies and she opened a child support case as soon the baby born. Now he have to pay $1300 per month cause he get paid more than her. I still trying to work out things in this marriage but i want to move back to Mexico, so I’m worried cause in Mexico we ll be making about $600 hundred per month and I don’t think the jury will care about that. What can we do?

Your husband is legally and morally obligated to support his children. All of them. Hopefully you understand that it is not the baby's fault that his father was unfaithful to you. This child is the 1/2 sibling of your children...keep that in mind.

 

[LdiJ]

My husband and one child have citizens and my son and I permanent residents.

Ok then I agree that your husband is unlikely to get a reduction in child support for a voluntary move to Mexico. He cannot make the excuse that he cannot legally remain in the US, since he absolutely can. It would be wise NOT to return to Mexico since all that will do is cause serious problems for your husband.

That of course wouldn't stop you from leaving him and returning to Mexico, but your mutual child(ren) would not be able to go with you if he objected to that.

 

[t74]

He should file for visitation. I hope paternity was confirmed by DNA and not simply because he did not appear in court.