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lvnlife3184
member
Child support
lvnlife3184
member
Just curious, anyone who has been through court over child support being raised, how long of a process is it if dd is fighting it? DH had to send his w2 and paystub to his attorney and did so back before Christmas. We havent heard anything since. His attorney also requested bm's pay info if she was pursuing child support changes. Not sure if shes backing off or taking her sweet timeshe makes very good money so hoping shes backing off but if she pursues, im curious as to how long this all takes with court dates and what not.
Lighter note...i gave birth dec 16th and am so in love with our baby boy!
Lighter note...i gave birth dec 16th and am so in love with our baby boy!
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Re: Child support
Congrats!! I am due in July. I actually pay child support to my ex sadly even being SAHM I have more income then him. (We have joint custody)
Here once child support in set you can't change for 3 years or unless the payee (me) has greater then 20% change in income. I sued my ex for primary and he countered sued for more money. The judge told him unless you can prove a chnage you can't just ask for more money because she made you made. I had to use all my composure to not laugh hysterically at him in court. He didn't get more money I didn't get primary but I got the time custody I wanted.
What are your state laws/precedent on Child Support Modification?
Because really, we cannot answer this question because these things depend on the state you live in, the state of the courts (how busy) and your specific set of lawyers and bioparents.
we are in Illinois. i believe CS can be modified every 2 years but i have heard its only if there are any changes in pay. DH has only had very small raises at the end of the year like normal. i can't find specifics on it ever though when i try to research. things are always confusing to read on the internet. DH has a wonderful attorney but obviously when it comes to these things, a judge makes a final decision and attorneys can only do so much. i really worry things will change and our lifestyle is going to just take a complete turn around and with our new LO it scares me terribly. BM just so happened to do all of this and bring things up to attakh DH about a month before LO was due. She's very considerate in that way...she also is saying she doesn't beleive the children are safe in our home because they have bedrooms in the basement. there are 2 escapes including the stairs which are right below or back door and there are 2 windows to get out of as well. and we have smoke alarms above each bedroom door plus another in a common area of the basement and a CO2 detector on each level of the house also. this occurred like i said just before LO was ready to enter the world. SS had a new bedroom built downstairs. he loves it and his grandfather build him from scratch a very cool loft bed for his new room. i'm sure he bragged about it...also SD already had her bedroom in the basement for over a year and BM never made a complaint about that until now.
they've already been to mediation over something very stupid because BM wouldn't communicate through email with DH about it. and when that happend she took forever to call the mediator to agree on an appointment for it. she likes to start these things but follow through as slowly as possible. Do they try to do CS modifications through mediation first also? DH said he will not agree to anything through mediation when it comes to child support so i know if she pursues, it will end up in court. he gives her $800 a month for 2 children. this is what they agreed on when they divorced so she was ok with it then. she makes more money hourly than DH...he just works a lot of OT to make ends meet and for us to be able to have things we want and to fix our home up. but i believe our state uses OT pay in figuring out CS.
also does anyone know if it would matter to a judge if we got the info and if it is even possible....to supboena her work schedule? she gives lots of reasons to make us think she claims to be working but actually isn't and DH has the kids which we are fine with. we love having them, but for her to lie about working and asking for more money...its just a little upsetting.
we do know this will never matter in court but hard for us to deal wtih because of a possible modification, she has a live in boyfriend who has 4 children. is this taking some of her money up? spending it on them? her decision i guess but i really hope DH isn't going to have to start giving her more money because she has decided to help support them.
they have joint parenting and there is no wording in their papers that state who is custodial parent. She as their mother of course though takes the responsibility of it which is completely understandable. DH has the children 6 overnights every 2 weeks. so she has them 8. they are 1 night off from being exactly 50/50. the schedule for the children rotates around her work schedule which is different every month. she refuses to have even discuss a set schedule and DH has this documented in emails and she refused to speak of it during mediation also. its awful on the children. their last mediator even told her she was being unreasonable about things and pushed her to discuss a set schedule for the childrens sake but she wouldnt.
So DH's attorney sent her letter back to bm's attorney including the pay info and it was recieved december 17th. as i said before, she requested her pay info also. Does anyone know if BM has to supply her info? is she required to only if she pursues a modification? i guess we should expect this to take a while and not expect to end up paying more within the next few months....
Wow. You have a lot going on here. Let me try to help, although as PP pointed out, alot of this will be state specific.
We petitioned to modify cs a few years ago in Indiana. It took almost 6 months to get a court date scheduled. We went in early on the day of the court date to meet with BM and her lawyer (we did it pro se) and ended up asking for a continuance because BM had some other questions. We met again later on, agreed to terms (we got what we wanted) and her lawyer filed the paperwork. Another couple of weeks later we got the signed order from the judge. So it can be a lengthy process, and it might not be her. Does Illinois have a calculator like Indiana does? The calculator makes it pretty clear cut. Even the judge said it pretty much is what it is, which is why we got what we wanted.
I doubt she will have a leg to stand on with the bedrooms. Maybe take some pictures of the safety measures you indicated just in case? I wouldn't worry about it too much, though.
The boyfriend probably won't even be addressed. You could probably technically ask for an accounting of cs funds to see what she is spending it on, but noone really does that anymore. It gets really complicated.
I doubt you will be able to subpoena her work schedule, but you can subpoena her income. That is relevant information, and is required in order to modify cs.
If you want a set schedule, can you discuss this with the judge since you are already going to court? It doesn't seem unreasonable to me.
Good luck!
I have loked at the cs calculators but with their s,hedule being so different and him having his children more than a normal non custodial parent I dont know how it would really equal out.
Keeping our fingers crossed that if she pursues this, dh doesnt get screwed. We want to be able to make our home nice and afford things for all the children in our home also.
The Indiana calculator factors in how many overnight the NCP gets. Does Illinois do this? It makes a big difference for us.