I got a letter in the mail earlier this week from the domestics office saying my oldest daughters BD was requesting to have child support lowered. Under his circumstances he had listed that he just started a lower paying job and I am working a higher paying job. However, I'm not working at all?? And he has been working at his current job for over 6 months now which is construction. When we previously went I was working and he was working at another construction company and he was ordered to pay $655 a month. Would the new circumstances actually qualify for it to be lowered? Will it be affected once I am married in a few months even though my fiance has no "legal" rights to my daughter?
if he does have a lower paying job they could possibly lower it because of cost of living and the bills he has to pay to
he can request all he wants, but when you guys go to court they will probably laugh at him when they look at his income and your NO income lol
They do not count your husband's, at least here they don't, for the child support factors.
I don't have experience with this but I think this is going to come back and bite him in the ass. Your income is now 0 instead of what you were making so I am thinking it might actually get raised.
Whether or not you are married doesn't matter.
If he makes less he will likely pay less. They will ask you if you work etc. They won't just assume he knows.
These are typically pretty accurate. If you put in around how much you think he makes.
Thanks I will check that out! I know there is no way he is making significantly that much less than he was previously since he showed up to pick her up the other night in a brand new car on top of the one he got about a year ago. I guess I was a little taken back because you'd think as soon as he got the job he would file to have it lowered but waited almost 5 1/2 months. He lives at home with his parents where he has no rent, no daycare to pay (because his mom runs one out of their house) while I have my own house. He also filed and had the date set for April 5 days before my due date with this baby, which I'm on bed rest for. Needless to say he will have to deal with it for at least another month because I will be having it postponed since you have to provide 72 hours notice. Ridiculous.
I don't know how it works in other states but here, if you're the one receiving child support, your income isn't a factor at all. It's solely based on the father's, and it's a flat 15% (unless he's below the self sufficiency/poverty line, in which case it's a set $50/$25 a month). So if he's making less, it's possible that it could be lowered. With my BD my lawyer tried to argue that he was living with family and not paying rent, utilities, groceries, etc. but the magistrate wouldn't hear it.
Quoting Addi's Momma:" I don't have experience with this but I think this is going to come back and bite him in the ass. Your income is now 0 instead of what you were making so I am thinking it might actually get raised."
Doesn't matter, like I said, it's usually only based on what the one PAYING makes. They can't order him to pay more than he can afford.
I'm pretty sure they look at us both because we also have 50/50 custody so technically which ever parent makes the most money pays the support. So if I made more I'd be paying him, which will never happen. I guess most people seem to think it's messed up that people with equally split custody shouldn't have to pay, but when he works construction and gets paid scaled pay there's definitely a huge difference.
This happened to a friend of mine, she lost her part time job and when her BD found out he took her back to court to get it lowered but they raised it lol.
I'm not sure this is the case everywhere though and it could depend like you say on the fact you have 50/50 custody.
Quoting Karren:" This happened to a friend of mine, she lost her part time job and when her BD found out he took her back ... [snip!] ... it lol. I'm not sure this is the case everywhere though and it could depend like you say on the fact you have 50/50 custody."
that's what they did for me lol
My son's BD is a prick and though 150 was too much to pay a month, he still has yet to pay a dime.
He brought it up in court to lower it and the judge gave him a side ways look and said... you think kids dont cost 150 bucks a month?... THEY COST MORE. He's said What do you do with your life?
BD said I work one job
the judge said no school or other jobs?
BD said nope
judge said well dont you just have an easy life, ACTUALLY I am raising it to 250. Get a better job, better yourself with college, or more jobs, you pathetic little loser and support your kid.
I feel like I get a lot compared to most other moms I know, but I really don't see him getting it lowered and if he does I don't see it being much especially since she's getting older and expenses just go up and up. He also just got done having his tax return surrendered to me because he was 2000+ behind.
Quoting InkDMomma:" that's what they did for me lol My son's BD is a prick and though 150 was too much to pay a month, he ... [snip!] ... it to 250. Get a better job, better yourself with college, or more jobs, you pathetic little loser and support your kid."
LOL! He got TOLD. I can just imagine what his face must have been like.
And yeah 150 a month is hardly anything, they where right to raise it, I dont get why so many men try to dodge this.
It took me a good few months to get CS set up with my BD, he kept dodging court dates.
But luckily the week he actually got summoned to court (or he would have been arrested) he landed a rather good job.
So when they set child support up they based it on what his last check was at the job he was at now and I ended up getting a whopping
Quoting Karren:" LOL! He got TOLD. I can just imagine what his face must have been like. And yeah 150 a month is hardly ... [snip!] ... he has gotten himself into a right mess. Serves him right though I cant believe how much of a prick he turned out to be:evil:"
He was SO fucking pissed and blamed it on me. Like, how did I do anything?! lol
I don't even want child support, I don't get any anyways but I don't want it. I'd rather him fall off the face of the earth.