Is there a time limit as to how much and how many times an ex can ask for an increase? What defense can you use against an increase? If you were on disability for 10 months and continued to pay support can the help as a defense?
2007-04-19 14:21:54 · 16 answers · asked by loverjoe59 1 in Family & Relationships ➔ Marriage & Divorce
There is no time limit on how much can be requested or how many times an increase can be requested. The age limit or cut off point in providing child support is generally 18 years of age or when the child is on their own (an emancipated minor).
If your ex has the money to pay for an attorney, then a motion can be filed to request an increase. AS to whether or not it is granted is another story.
Every state is different with the laws governing child support and it is handled. You don't say if you in reside in the same state as your child or out of state.
If using mediation or arbitration, take the time to prepare the best defense. Of course, you would have the best needs of your child and try to balance it with what you can afford.
Try surfing the net for free legal advice from attorney sites specializing in Family Law. Hope some of this information might help or maybe an attorney might happen onto your question.
^5
2007-04-19 14:33:41 · answer #1 · answered by danielromero60 3 · 0⤊ 0⤋
You need to speak to an attorney, but being on disability is no excuse not to pay child support. Just because you're "disabled" from working, does that mean your kids don't have to eat until you are no longer disabled?
I don't know what defense you can use against an increase since the amount of child support you pay is based on your income and the number of children you have. It's kind of hard to fudge on those.
2007-04-19 21:27:03 · answer #2 · answered by Emily Dew 7 · 0⤊ 0⤋
I wouldn't be too concerned unless your income has increased drastically. The disability won't really be a defense, but the fact that you continued to pay faithfully (assuming you did) will certainly look good for you. I don't think there is any stipulation on how many times or how often an ex can take you back to court on this issue, but generally the judge will get tired of seeing them and it won't look too good for your ex. I am not sure about the law in your state but most attorneys will talk to you initially for free.
It can be a real headache to deal with ex's, especially if they are angry. Just try to protect the kids and not involve them. Good luck!
2007-04-19 21:32:29 · answer #3 · answered by aslate 3 · 0⤊ 0⤋
You bet they can. You can ask for a review of you case at anytime there is proof of a change in income / expense by either parent.
You must ask for the change while you are on disability, not after the fact.
If you case is filed with Child Support Services, they will start the claim for you in the court at no cost. You must fill out the form they mail to you.
2007-04-19 21:28:07 · answer #4 · answered by ca_redneckgirl 2 · 0⤊ 0⤋
Depending on what state your in, some child support orders are reevaluated every few years or so, but if you can, have yours reevaluated because there is an income calculator that they use, and you can look it up on the Internet, type in child support calculator and then your state. I encouraged my husband to open a case backwards through child support enforcement so they would automatically HAVE TO reevaluate his case based on his income and it would go down. His ex lied about his income in court because he thought they reached an agreement and he did not show up to protest her. She now gets almost half of his monthly income and she and her husband are far more well off than we are. These things are messy! Or you could petition the court yourself for a reevaluation if it has been at least 3 years I believe.
2007-04-19 21:41:06 · answer #5 · answered by Blah 2 · 0⤊ 0⤋
You need to talk to your lawyer. The state you are in makes the difference. In most cases, an increase can be requested any time your ex thinks that you got an increase in pay. Being on disability might help, but it shouldnt matter to you. Your kid/s have to eat wether you do or not
2007-04-19 21:26:55 · answer #6 · answered by Katherine S 2 · 0⤊ 0⤋
no time limit as long as the kids are under the legal age to receive...as he/she gets a raise you can request an increase in your child support...
i have not heard of away to stop this...because I have had friends that just make enough to pay his bills, but to the child support court that is his problem...a set portion is determine by the amount you make belongs to your child/s
2007-04-19 23:14:42 · answer #7 · answered by bobbispace 1 · 0⤊ 0⤋
Ye sthey can if she was able to find out somehow that you are making more money which you usually have to declare to the courts anyways. Then she is more then welcome to ask for more if you are more then capable on doing so. Usually there is a time frame between increases so talk to a family lawyer and get there input.
2007-04-19 21:42:12 · answer #8 · answered by Livinrawguy 7 · 0⤊ 0⤋
all that can help but the bottom line is she can ask for more child support if you make more they cannot take more than 75% of your paycheck according to the laws but my question and fight (and this may not win your case but is a thought) would you be making as much as you are if you were still with her or would you have to take a lesser job and not set a career path.
2007-04-19 21:26:39 · answer #9 · answered by Bear_Polaroid 3 · 0⤊ 0⤋
Usually they can ask anytime there is a change in income or in what it costs to raise the child. I'm sure if they are asking constantly, your lawyer can fight that. Most judges don't like to see the same person in court asking for more money every week.
2007-04-19 21:26:21 · answer #10 · answered by princess_dnb 6 · 0⤊ 0⤋