Single Parents

Custody Modification question

The H filed for modification because his salary changed.  I expected him to.  Now when we go to court next week is it just based on salary changes?  This is the first modification I've done.  Or does it include all the bills I have and such.  I'm guessing its just based on what he makes now?
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Re: Custody Modification question

  • It is calculated the same way as the original child support amount was. His income, your income, number or children, etc.
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  • It's calculated the same way BUT.......if his income went down (which I am assuming is what happened) and he voluntarily chose the pay cut, it could also be based on his 'potential' income. Just because his income changed, doesn't automatically mean that your ordered support amount will change.

    eta: doing a modification could actually hurt him overall, and help you :)  For DB, if he would request a modification based on his lower wages he would be hurting himself as he voluntarily chooses to not work, and (for us) our order is based on his potential income.....

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  • ohhhh try not to stress yet- courts are really unsympathetic to people who modify their income amounts for this reason alone.  my ex h tried to pull this and will still pay the same amount.  super douchey that they do this, right?  

     

    like majorly douchey.  it's like "wow you really have THAT much of a problem paying for your child?"  

     

     

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