My ex works for the pipeline and gross pay is $6,000 a month. He always has 32 hours overtime.My income is $2,000 less. Where can I find the guidlines for how support is set. this is a new job he has and is making 4,000 more than when child support was set. He sees kids maybe 3 times a year. Thanks
2006-12-19 05:53:35 · 15 answers · asked by lovelife 1 in Family & Relationships ➔ Marriage & Divorce
Every state is a litte different but oregon statutes state that overtime is not included in the calculations. However, anytime there is a job change or even a significant raise the support can be recalculated. Typically all you have to do is tell the support division that your ex has a new job and this is where he works, they will do the rest. If you do not go through the state support division and only have divorce papers then you would have to go to court to get a new amount or you would have to open a new case with the state support division.
if you want to get an estimate of what the support should be then you can type " [your state] child support calculator" into a search engine like ASK.COM. You shold get a calculator which you can type in your own numbers and figure it out that why.
According to the Oregon Calculator he should be paying aprox. $1381 per month to you (assuming you have 2 kids)
Good Luck
2006-12-19 06:07:09 · answer #1 · answered by Ace Meridian 2 · 0⤊ 0⤋
It's based on income at that the time of the court order. Usually can't do an increase only if it's time. Remember this might not be his income all the time. So don't be so anxious to drain him dry. Be thankful and grateful that he's paying child support at all. It's not necessary for you to get all his paycheck after all he's has to live and might go on to remarry and have more children. I know that you probably don't care but let's be fair. I know I also have an ex and get child support and I'm very grateful for what I get even though I know that I don't get as much as I should.
2006-12-19 14:29:38 · answer #2 · answered by kitcat 6 · 1⤊ 0⤋
Child support is set on how old your children are and what the set guidlines for their expenses are. Then the judge will look into both incomes. If you already have child support set then all you have to do is file for an amendment. They'll re-evaluate income and what your expenses are at this time.
2006-12-19 13:58:25 · answer #3 · answered by Elizabeth 2 · 0⤊ 1⤋
Call the courts in your state and ask them what the steps are that you need to take for a judge to review the child support order. It is different in each state, so this is the best way to find out what to do. They probably also have a web site that you can find all the form(s) on so you just have to print them when you know which one(s).
Good luck to you
2006-12-19 13:57:00 · answer #4 · answered by amarilysusa 6 · 1⤊ 0⤋
In some states, if the overtime is consistent, the court may take it into consideration.
Seek the advice of an attorney and re-do your child support calculations.
2006-12-19 13:55:44 · answer #5 · answered by Starla_C 7 · 0⤊ 0⤋
You need to ask for a income review. He has to bring in his W-2 and possibly tax returns.They will make the adjustments after that hearing. I was paying child support on commissions that i MIGHT make in the future. Seemed stupid to me, but thats the court system.
2006-12-19 14:12:17 · answer #6 · answered by gary t 4 · 0⤊ 0⤋
Start by asking a lawyer. The office of the attorney general may be able to help you. I think that child support is set by the court, and unless you take him back to court, the child support stays as is. Get everything you need for your kids!
2006-12-19 13:56:40 · answer #7 · answered by JoJo 1 · 1⤊ 1⤋
child support don't go by overtime,,it's impossible for them to know how much overtime he makes,,,they only go by what he makes a year and then they give you 20% of his annual income..it doesn't matter if he doesn't see his kids as long as he supports them,,,, when he starts given you child support then he will have all the right to see them,,,,one note: don't be greedy just be fair,,,,good luck
2006-12-19 14:00:15 · answer #8 · answered by guess 5 · 0⤊ 1⤋
Go to your local child support place and have your case re-evaluated, Silly. You can do that every year. Especially if he's making that much more than you.
2006-12-19 14:24:07 · answer #9 · answered by ♥ME♥ 6 · 0⤊ 0⤋
well the more they make the less they take.....i work for child support and thats how we base it upon, so if hes is making around 6,000 /monthly then youll be getting less regardless how much he sees his children....because thats just the way the system works also he will be paying for the taxes etc...
2006-12-19 13:58:32 · answer #10 · answered by R.J 3 · 0⤊ 1⤋