What would lower child support during a review?

Question

I am to go for a review of my child support in Oct. I live in GA and currently receive a little over $300 per month for 2 children. The Child Support office has recommended a little over $1300 is what I should be receiving. The father has, of course, requested a hearing to dispute this. On what basis would a judge likely decrease this?
Some background info - When we seperated we had a 2 year old and I was pregnant. I worked full-time and he was in college full time, hence the original low amount, but he now has a full time nursing job and almost $7000 monthly income. Recently my hours changed to a combination of days, nights and weekends and I would be paying out more for care than I was earning, so now stay home. (The review inputs an income for you if there is no physical reason you cannot work.)We are both remarried and my husbands income allows me to stay home with my children, something I was never able to afford to do before and love!

I understand all the factors that go into the computation, but because the father has decided to challenge the amount that was recommended, we have to go meet with the child support office during a court session, see if we can come to an agreement and if not, go before a judge to settle it. If the law has set amounts, what factors would a judge consider to lower it? (there are no factors that I can personally think of such as a special needs child, extraordinary medical expenses, etc.) I mean, it's not like a judge will just go, "yeah, you're right, you don't want to pay that amount, here's a lower one." So what argument do you think would sway a judge?

jonn499- Me thinks I will not stoop to your level and criticize someone I know nothing about. First, it is a reasonable question to ask as all I am really looking for is an answer as to what to expect when I go to court, something that I feel nervous about. Second, I never said all his income came from nursing. Third, if you read thoroughly you would see that I quit my job because I would not have been able to afford to pay for full-time daycare for when I had to work days and then find and pay someone suitable when I had to work nights and weekends, sometimes till 2a.m. And last, this gold-digger still is paying down credit cards from hospital bills, daycare charges and daily living expenses because the $300 I was so lucky to get didn't even cover half the daycare I had to pay to take care of myself and my children, let alone contribute to food, clothing and medical.

shildt2009-I put my childrens best interests first when I decided that their father not spending time with us while he "studied" at school (studied being a euphamism for screwing around with his girlfriend) thereby making me late to work almost daily and jeopardizing my job, not to mention beating me in front of my toddler for finally having the nerve to be upset with him about it was not a healthy enviornment for them, but thanks for the personal attack.

Answer 1

The law varies from state to state. In Louisiana, there would be nothing that would lower the amount, it is put into a calculator with his income, your income, his insurance payments, your insurance payments, and child care costs (who pays what). As a stay at home mom, you will be assessed an income of minimum wage, unless either one of your children are under 5 at which point you have a reason to stay at home. In Louisiana, the new husband's income would not come into play unless he makes millions a year, but usually not even then. Hopefully this helps and you get what you deserve!!!!

Answer 2

Ohio, Florida and Arkansas (3 States I have lived in) have a set schedule of child support. It is arrived at by comparing incomes and the number of children. A new spouses income is not entered into the equation.

Answer 3

Me thinks me detect an odor of B.S.
$7000. per month as a nurse? That comes out to $40.38 an hour. I have family in the medical field in various parts of the country and NONE of them make that as a nurse.
Why should your ex have to pay more support because YOU choose not to work anymore (and your new husband's income allows you to do this).
When you go to court I hope your ex has an attorney to stop you from getting away with what you're trying to do! Your contribution for support should be based on your earning capacity, not what you really make.
Since you aren't working and doing something you "love", and your new husband foots the bills, AND you're getting $300. to boot, STOP BEING A GOLD-DIGGER!

Answer 4

Figure out what it costs to raise this child until they're 18 and split it 50/50. It shouldn't matter what one parent makes compared to the other. That's where the resentment comes in. You both screwed to make this child and screwed up when you selfishly decided to split up instead of working it out with the best interest of the child in mind.