If I can ask for a reduction on child support based on my new salary, do I need to give away options as part of the support?

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If I can ask for a reduction on child support based on my new salary, do I need to give away options as part of the support?

I have paid child support for $7000 a month for 2 years. My employment condition changed and I am planning to join a startup. As a result, my salary will be reduced to half and I will receive options. I think I can ask for a reduction on child support based on my new salary, but do I need to give away options as part of the child support?

Asked on November 20, 2015 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can ask for the reduction, and can offer options as part of the support, in partial lieu of the monetary support you'd been paying, but you are unlikely to get the reduction. You state that you are "planning" to join a start-up; it seems from what you write that this is a voluntary career change (joining a start-up, as opposed to keeping or seeking employment at your level in an established company). The law generally does not grant support reductions because of your voluntary choices, because if it did, everyone could cut their obligations by voluntarily changing what they do for a living. Instead, support is generally only cut for long-lasting, significant reductions in income which were not under your control.


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