Child Support Modification in CA

[OhNO!]

What is the name of your state? CA

I have some questions regarding CS modification. My husband is currently paying $500 CS to his Ex. When Judge ordered him CS, he was earning around $34000/yr and his ex didn't have a job. Anyway, he has his daughter(7yrs old) every Sunday from 8 a.m to 3 P.M. Last year, he got laid off for about 10 months. He used all of his savings to pay CS. During that time, he started looking into finding job from some other state. He was desperate to find a job so he started to sending resume to NV, AZ, FL, ID etc(all of the job he was applying was civil service job). Because his job has been very unstable(he got laid off 10 times in the last 18 years) and in order to provide his daughter and my 2 kids, he wants to have stable jobs even if that means he is going to have to take pay cut. Currently, my husband is earning around $64000/yr. There is no guarantee that he will have this job next week. This is just the way it is in his industry. He has some possibility that he may get job in NV. His pay would be $41000/yr. but it will be very stable job since it is for City of Reno. How will judge look at his changing job and take pay cut in another state? I know judge won't like to see father moving out of state and take pay cut. My husband wants to get this job not because he wants to pay less CS. He wants to get this job because his income will be stable and will be able to provide his children better. I know he is capable of earning $64000/yr but I was wondering if judge will order cs based on what he is capable of earning ($64,000) or $41,000 in this situation?

For the information, his ex is working(she has her own business but my husband doesn’t know how much she is making). My husband earned a about $32000 last year due to lay off.
Thanks

 

[VeronicaGia]

Is his support based on $35k/year of $64k/year? If it is based on $34k/year, and he gets a job at $41k/year, his support will go up one way or the other, unless she has had a substantial increase in pay.

You do realize that CA takes into consideration the income of both parents and the percentage of parenting time of both parents, right? If he moves, he will have to get visitation modified to have the child during extended visits, like summer, Xmas breaks, etc. Also since he is the one moving, he will likely be more than 50% responsible for all travel, possibly 100% responsible.

Also, when is the last time support was modified?

 

[OhNO!]

This CS was based on $34,000 Year(his divorce was final in98' and has been paying same amount in the last 7 years. Never modified CS). Because his visitation is less than 5% and his ex wasn't working at the time of divorce, he is paying 100% support. Now she is working and earning money and also his visitation will increase significantly, CS will change. What he is worry about is judge may order CS based on what he is capable of earning($64,000). If judge decide to do that, then he can't afford to pay CS. We have to stay where we are and have to worry about his unstable job and hoping that he will not get laid off.

My husband is willing to pay 100% of travel cost since(as you said) he is the one who is moving away.