Child Support Question (long)

KarmaKP

I will ask this on the Blended Families board but thought I'd try here first just to see if anyone knows something regarding local policy. I know the chances are slim that someone will have an answer but I know there are some ladies who might be able to weigh in about child support (from either angle).

My husbands ex-wife recently decided to have child support re-calculated and it doubled because he had an excellent year of sales in 2009. As I understand it, the re-calc is based on last year's income alone, whereas initial child support is calculated based on three years of salary.

Although any increase would be hard, he is willing to contribute more each month. However, doubling the payment is almost crippling. My husband tried to negotiate a more reasonable increase with her and she said no. We are appealing it with the court.

As our luck would have it, she just lost her job. (She does have a new husband with a good job so her income is not the only one). She says the court could decide to increase it even more because she has no income. Needless to say, that would be devastating for our financial situation.

Here's my question:  Does anyone know if this is true or is she trying to get him to stop the appeal?  I heard that once it leaves child support services and goes to the court, they look at more than just the one year's earnings.

Sorry to ramble.  This is my life lately and frankly, it sucks.

riabiron

Get an attorney if you don't already have one. What county are you in? Hamilton? Butler? NKY? It will make a difference. you can email me at divacurve@yahoo.com. We have been through this.

KarmaKP

We are in Warren County but the paperwork was done in Clermont so that's where everything is based.

Thanks for offering your email.  I'll send you something tonight.

sprads

That is ridiculous! I do know there is a max% of one's income that can be taken out. I would think that given the nature of his job, that it could be acconted for in some way.

I also thought tha the last time I perused the ODJFS website that it said you could use an average of the last 3 years.

I guess I am not much help, I just feel your pain for more reasons than I should probably discuss on a public message board. (disclaimer: I am not opposed to DH paying his fair share either, I just feel that the way the state handles it is a bit skewed.)

Oh, and good luck on the BF board, I stay far far far away from that place, but do have another place that I can ask the question if you need me to.

hav2run

I always thought it was a three year average as well.  I do not think her loss of job will make his payments any higher.  Sounds like a threat to get you to leave it alone.  The payments are calculated on the paying parent's income, and it is a percentage of the income.  Her income should have no bearing at all on what he pays.  HTH.  I hope you can get it worked out.

KarmaKP

sprads:

Oh, and good luck on the BF board, I stay far far far away from that place, but do have another place that I can ask the question if you need me to.

I hear you! I was hesitant to post there but the responses I've received have actually been kind of helpful and not snarky.  If you have another source, I sure would love to hear another perspective if you don't mind checking.

Thanks for all the replies.  I know it's a yucky subject but I really appreciate the feedback.  Every little bit of encouragement gives me a bit more peace. If anybody else wants to add her two cents, I certainly would welcome it.

KristenBtobe

Nothing helpful to add but my support. It sucks that she's not willing to be more reasonable. From what I recall from my SILs child support arrangements her employment status shouldn't be a factor here. Keep being the good parents I know you are and hopefully just the threat of paying legal counsel to go to court will be enough to get her to negotiate.

Moesten

KristenBtobe:

Nothing helpful to add but my support. It sucks that she's not willing to be more reasonable. From what I recall from my SILs child support arrangements her employment status shouldn't be a factor here. Keep being the good parents I know you are and hopefully just the threat of paying legal counsel to go to court will be enough to get her to negotiate.

What she said!

Divorce and blended families are hard enough under the best of circumstances. It's just horrible when one (or both or more) of the adults involved can't conduct themselves in a dignified way. I hope you all get this figured out in a way that works out fairly for all involved. Your DH certainly should not be her cash cow. That she is trying to scare you all with larger payments is childish. Good luck to you guys. 

sara401

My mom is a case manager for ODJFS.  I just called her to ask her about your situation. 

First, if your income changes by more than 30% in a 6 month time period then they can change it based on the new income. 

Second, she can ask for more money if she loses her job.  It is circumstantial.  If she out right quits, then no more money will be awarded.  If she is downsized, she could have a good case.

I know this is probably not what you wanted to hear.  Good luck to you guys!

KarmaKP

A thousand thanks to all of you for your input.  It really is so helpful.  I'll try to remember to post the final outcome, in case anyone is curious.  Thanks again!

sistrkate

Katie, I have never been through anything like this before.  I just wanted to give you my support and tell you how much it blows that the ex is sucking the life out of you.  I clearly understand the use of the words we discussed at the GTG Friday night in reference to her.  Maybe a bird will leave droppings in her hair today when she walks out to the car.  It couldn't happen to a nicer person.

KarmaKP

sistrkate:

Maybe a bird will leave droppings in her hair today when she walks out to the car.  It couldn't happen to a nicer person.

This made me chuckle. Thanks!  I needed that today (as well as your kind words).  With every "situation" I get more creative with words to desribe her!

sprads

KarmaKP:

sistrkate:

Maybe a bird will leave droppings in her hair today when she walks out to the car.  It couldn't happen to a nicer person.

This made me chuckle. Thanks!  I needed that today (as well as your kind words).  With every "situation" I get more creative with words to desribe her!

You should join the BF support group that ria and I belong to...very helpful with a great bunch of ladies!