Has anyone modified child support?
Our final court order was put in place in early 2010, with a set amount of child support and custody arrangements. I know, for a fact, that my ex-husband purposefully worked 25 hour weeks during that time, instead of his normal 40 hour weeks, to have his child support lowered (we only had to bring in our pay stubs for the previous month - not tax returns for the previous year). My salary has increased by 1%, due to a teaching step raise we finally received this year (and haven't for three years).
Anyway, child care was not included in the original amount, because my mom was watching the girls for free. Now, they are about to start school to the tune of $560/month. I plan on calling family court during my planning period today - but do you think this qualifies as a reason to go back to court for an adjustment? I'm hoping to do it without retaining my attorney again.
Re: Has anyone modified child support?
Yes, it definitely warrants a modification in child support. I would ask the courts how they do it -- if you provide proof of an increase in child care, will they recalcuate it on their own and issue the modification? Or do they want you and your XH to come in to meet with someone and both provide proof of incomes (and child care costs).
I've only done modification that both XH and I agreed upon, so I'm not sure how it would work in this situation. I do have a CS caseworker that I can contact directly and I'm sure she'd provide me guidance on what to do -- does the family court in your area have something similiar?
I've done many many modifications.
I can only speak to the process in my state and I've never retained a lawyer for CS.
In PA I could in theory request a modification daily, I have no restrictions. I am given the opportunity to have it reviewed every 3 years if no modifcations have been requested.
I contact my enforcement officer and tell them I would like to request a modification hearing. These do not go before the judge we bring our documents last years taxes, 6 months of pay stubs and invoices about tutions, day care, camps, extra curriculars the child needs fees for (sports fees, scouting fees, french lessons...etc)
I also bring my CS file that has every time I've been to modifications, the amount of overnights he has actually taken the children for, my calculations for his arrears amount, every court ruling for probation and guilty plea/verdict of willful contempt of court for failure to pay CS. AND my copy of the statue that says CS cannot be lowered b/c of being fired from a job with cause, quitting a job even to go to school.
We go before a CS Modifier, who has the state charts and calculators and he/she takes all of my information and has the State's CS file that has all the same info I have with me in it. And she looks over at my ex who usually has a check from his mommy and 1 or 2 measely little stubs and no other information. And she sets the new CS Amount. (sometimes she needs to walk out and supeona the income taxes (those are sent electronically very fast) and sometimes she has to supeona the salary from his current employer)
It then goes in effect that day and arrearage is add from the date I filed for the modification.
I walk out happy b/c it went up and he looks miserble
I need to get out of Maryland! I have to pay $300 a week, and thats on a lowered bracket!
Holy crap! I felt lucky to find somewhere to take the girls (half time - 5 hours a day) for $143/week total.
I'm jealous of all of your daycare costs people! Mine's $270 per week, and I do not live in a HCOL area.
Anyway, agree with all pp, but in my state, DS's expenses do not matter AT ALL in the calculation. Only what XH makes in proportion to what I make. The "basic support" amount gets prorated to me paying alot and him paying hardly anything.
Just something to check into before you go through the hassle.
It's somewhat the same here. They take the amount that I pay for his daycare ($400/month) as an expense on my behalf (along with my other bills) but they don't count that as a "deduction" so to speak. What BD is required to pay is basic support based on his income and what his percentage is vs. mine (he's 66%, I'm 34%) and what I get (vs what has been ordered) has to pay ds' expenses whether daycare is $400/month or $700/month.
BD is also not required to pay insurance costs (GRR!!) unless ds is on MA - which of course we're not eligible for, because I am over income guidelines as I get support each month.
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