Can I get more child support as my ex is not living up to the shared time agreement that wasordered by the court?

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Can I get more child support as my ex is not living up to the shared time agreement that wasordered by the court?

When we divorced my ex was ordered to pay me $100 a month which was to be deducted from the $600 a month in alimony. That number was based on a 15% time she was to spend with our daughter. She has not seen our daughter in over a year. Am I able to get more child support deducted from the $500 I pay now. Also we live in a different area than where the divorce took place so its a hardship to go there to do papers and I cannot afford a lawyer.

Asked on October 19, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think what you want to do here is to modify your divorce order that is presently in place because there has been a "substantial change in circumstances" in your situation.  Your ex having no contact with your daughter in a year is pretty substantial.  As for bringing modification motions or any motion dealing with custody and support, the action must be brought in the state and county in which the child resides.  This way the court and judge has jurisdiction over the child to make the decision.  So you are all set with that.  Good luck to you.  I think that you have a very good chance of modifying the order.


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