I am struggling with what is "fair" child support. According to the law, $500/month per child is the minimum, however, they "can" take both parents salary into consideration. We did an uncontested divorce so, we agreed on the child support number, but now I'm questioning the fairness of it. Thanks for your help.
Well, child support guidelines are not so simple; it really depends upon the type of custody that you have. For example, if you have 50-50 custody there may be no child support set at all. Generally they way it works is you take 18% of the gross monthly income of the person owing child support, subtract the 18% gross monthly income of the other parent (or if the other parent is not working the minimum is $100) and you get the difference.
I know that doesnt seem fair because there are so many expenses when it comes to children but even that child support can be adjusted for other things like medical insurance, school, etc. Or if the other person makes so much more than you, you can ask for more so the children continue to live with the same lifestyle that they are accustomed to.
There are new caps on child support as well and that will be taken into consideration. This topic is definitely something that you want you attorney to handle and it is important that all financial affidavits are as correct as possible.
Also you are entitled to a review of your child support every two years, I believe or if there is a change of circumstance; say for example you lost or gained a job, someone got a raise or something like that as long as it makes a 20% difference in support. However if the amount that you agreed to is way off after you do the calculation you can ask for more. No one really expects that you understand all the odds and ends of the law.
I know that is not to helpful and you just dont really seem to get what it is that you need to help your kids, really they are the losers in that argument.
When you submit a request to the DA for help getting child support, will they automatically review the previous divorce decree if it's over 2 years old?