If the judge ordered child support and even the mother knows its too high, if she wanted to could she go tell the court she wants it lowered? The judge set my husbands child support at almost 1200 month which leaves my husband with like 600 a month to live off of. His ex knows he cant afford this and can cause problems for him in the Army can she go and ask for it to be lowered?
2006-09-21 09:04:31 · 13 answers · asked by ArmyWife 2 in Politics & Government ➔ Law & Ethics
the court based it on her not working getting food stamps and she refuses to give him visitation because she doesnt want the 2 kids on an airplane from ca to ny.
2006-09-21 10:51:48 · update #1
Wow I can tell there's a lot of bitter ex wives on here. Just to let you know I was once a single mom- and I'm not whining its the truth no one can live off of 600 dollars a month regardless of whether or not they remarried.
2006-09-21 16:01:15 · update #2
uh....if i understand this correctly.....sounds like this was done via Child Support Services. does the father even see the kid at all? child support is based on proved income. she can stipulate to a modification of child support. however, if a judge has to decide it, he will pick the max (i think they do this for wasting their time having to come to court in the first place) but it still should be a percentage.
unless they are including your income as well. are you the wife of the husband paying all this child support?
i got to say, in all fairness....she must have said something for them to take more than half of his income. cuz it really sounds like they are using your income as well to establish a rate.
he needs to file a modification of child support with the county as soon as possible.
2006-09-21 10:16:59 · answer #1 · answered by Bella 5 · 0⤊ 0⤋
Won't really do any good to have her attempt. Have your husband either (a) hire an attorney and ask for a modification hearing, or (b) go to the local child enforcement office at the courthouse and ask for a modification hearing. Child support is calculated using earning, and if there has been a 20% increase or decrease in income, child support orders will be adjusted. Good Luck!
2006-09-21 16:43:24 · answer #2 · answered by working mom of 3 4 · 0⤊ 0⤋
first, how many kids does he support? also, he should have provided a living expense report in court. Did he have a lawyer?
Child support is normally set depending on income. Did he show proof of income? I'm not sure if she can get it lowered, only thing I've ever heard of is the parents decide with each other an amount, have it notorized and go from there. This would prevent her from holding him in contempt of court if she should get mad at him later on and want some revenge.
2006-09-21 16:12:12 · answer #3 · answered by ironmaiden 2 · 1⤊ 0⤋
The order would have to be amended to reflect the lowered child support. If both of them (your husband and his ex-wife) agree - all it takes is a piece of paper and a brief hearing stipulating the new conditions. One attorney can file the motion to modify support order as a joint motion if both parties consent.
The judge went above and beyond the child support guidelines in calculating support without taking into account the man's financial needs.
2006-09-21 16:12:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
First off, good for you for having a heart and a soul.
I agree that it is your ex husband that needs to seek to modify support. His new wife has no standing to do so.
Or, if you guys don't want to deal with that, you two can informally agree that you return to him that amount which you think is unreasonable. He'll be complying with the court's order and you'll be doing something nice.
Feel free to contact me through this service should you wish more direct guidance.
2006-09-21 18:58:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Child support is based off income. Courts wouldn't base the support too high! Its per child, and per income. Your ex is probably not telling you what he really makes so that you feel sorry for him. I'd just leave it at that. Your child comes before the dead beat dad! I'm assuming he's dead beat because the mother had to file for child support.
2006-09-21 16:12:24 · answer #6 · answered by purelce 2 · 0⤊ 1⤋
yes.. more than likely she is not going too...
can he.. yes...
will the judge agree? don t count on it?
the judge will say "get a second job"
the court awards the amount, or the judge, how can the amount be too high...
i am glad to hear our system is doing something right for these single moms out there...
2006-09-21 16:30:31 · answer #7 · answered by ﺸÐïåMóñdÐôññåﺸ 5 · 0⤊ 0⤋
Yes. She needs to get in contact with the da's office and they will direct her as to what she needs to do. Also, he can file an appeal on the grounds that the mother doesn't need\want that much and have her come to court on his behalf so that the court will see he's not just trying to ditch his responsibility.
2006-09-21 16:08:11 · answer #8 · answered by mcnees79 3 · 0⤊ 0⤋
Of course she can go and ask for a reduction in HIS obligation - but it's usually set on a formula. YOU don't like it. His FIRST obligation is to his children.
If he really can't afford it and you are starving - she can voluntarily agree to accept less - but he'd better get it in writing - or 5 years from now she'll come after him for arrears and she'll win.
2006-09-21 16:27:59 · answer #9 · answered by 34th B.G. - USAAF 7 · 0⤊ 0⤋
yes. tell her to contact an attorney and have the proper(legal)papers drawn up and notorized and the two together can ssume an amount that will be appropriate for the both of them to agree upon. perfectly legal
2006-09-21 16:10:24 · answer #10 · answered by ? 3 · 1⤊ 0⤋