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Ex is contemplating on more child support - Legit?

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sddad

Member
What is the name of your state? CA

We have split custody of the kids 50/50 and I pay a small amount due to discrepancy in both incomes. Can my ex go back to court and request for additional cs due to the fact she wil be taking time off from work for a while with only disability income due to her pregnancy with her new b/f?

Common sense tells me that I shouldn't have to but I just wanted to be sure she's not blowing any smoke here. I've posted before and know that even when I'm laid off I am still obliged to pay her. In this case her new baby isn't my responsibility and has no bearings on the current court order.

Thanks in advance.
 


GrowUp!

Senior Member
What is the name of your state? CA

We have split custody of the kids 50/50 and I pay a small amount due to discrepancy in both incomes. Can my ex go back to court and request for additional cs due to the fact she wil be taking time off from work for a while with only disability income due to her pregnancy with her new b/f?

Common sense tells me that I shouldn't have to but I just wanted to be sure she's not blowing any smoke here. I've posted before and know that even when I'm laid off I am still obliged to pay her. In this case her new baby isn't my responsibility and has no bearings on the current court order.

Thanks in advance.
She CHOSE to get pregnant, therefore she will still be responsible for her financial part towards the children. Plus, how is she getting disability for being pregnant? I didn't think bed rest was qualitative to get disability.
 

jbowman

Senior Member
She CHOSE to get pregnant, therefore she will still be responsible for her financial part towards the children. Plus, how is she getting disability for being pregnant? I didn't think bed rest was qualitative to get disability.

It is. My doctor told me to stop working in my 8th month. No bed rest ordered. Just told me I could stop now until the baby was born. I was able to collect disablity.
 

ezmarelda

Member
What is the name of your state? CA

We have split custody of the kids 50/50 and I pay a small amount due to discrepancy in both incomes. Can my ex go back to court and request for additional cs due to the fact she wil be taking time off from work for a while with only disability income due to her pregnancy with her new b/f?

Common sense tells me that I shouldn't have to but I just wanted to be sure she's not blowing any smoke here. I've posted before and know that even when I'm laid off I am still obliged to pay her. In this case her new baby isn't my responsibility and has no bearings on the current court order.

Thanks in advance.

She can request a modification due to a change in income, and it is possible that her request could be granted...it depends on how well the judge slept the night before;)

If I were you and such a modification was granted I would request that it be set for review again in 3 months...she should be able to be back to work by then.
 

ezmarelda

Member
She CHOSE to get pregnant, therefore she will still be responsible for her financial part towards the children. Plus, how is she getting disability for being pregnant? I didn't think bed rest was qualitative to get disability.

It is common (at least here in Ca) for a woman to get dis.pay if she is on "bed rest"
 

MrsK

Senior Member
What is the name of your state? CA

We have split custody of the kids 50/50 and I pay a small amount due to discrepancy in both incomes. Can my ex go back to court and request for additional cs due to the fact she wil be taking time off from work for a while with only disability income due to her pregnancy with her new b/f?

Common sense tells me that I shouldn't have to but I just wanted to be sure she's not blowing any smoke here. I've posted before and know that even when I'm laid off I am still obliged to pay her. In this case her new baby isn't my responsibility and has no bearings on the current court order.

Thanks in advance.

She shouldnt be able to do this unless she truly NEEDS to be on temp. disability but you just never know what the judge will order. Its not your responsiblity, but who knows what the judge will decide. If it is granted, do what Eme said- ask that there be a review a couple of months after the baby is born, because this situation SHOULD NOT be permanent unless she is permanently disabled, which she wont be. If she chooses not to go back to work, ask the courts to impute her income back to what she WAS making before she had another baby. You should get a good atty to fight for you with this, because if you dont have an atty, you probably have a greater chance of getting screwed.
 

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