Ok, right now I am receiving $254 in child support a month for my two children. We recently had a modification hearing at the attorney general's office (he attended only by phone) and his salary had gone way up (71K) so my child support was supposed to go up to like $850. He was supposed to sign the papers but didn't because he found out he was going to get a pay cut. So now we are going to have to go before the judge to have the child support set.
I talked to him and he told me he has gotten his salary cut almost in half to what he was making, but that in 6 mos. or so that it will be back up to the 71K or maybe even higher than that.
I know we will be going to court soon and so my question is this: When we go to court, will the judge set my support based on what he is making now (41K), or what he was making a month ago (71K)? Based on the 41K, I should get about 4-500 a month, the 71K will get 850 a month. And if it is set based on the 41K, can it get raised up later?
2007-12-04 16:42:19 · 11 answers · asked by 2boys mommy 2 in Politics & Government ➔ Law & Ethics
Remember, he says he should be back at his original salary or higher in about 6 months. My kids are entering their teen years and are quite expensive to raise.
He is also getting credit for one child that he said is living with him, but I found out this child is not living with him but with my ex's grandparents. Should he still be entitled to this credit if this child is not truly living with him? This affects the amount of child support I get.
2007-12-04 16:47:52 · update #1
I'm in Texas by the way. I wouldn't really care as much about the money but this is a man who doesn't ever come to see his children and didn't pay me a dime for the first 3 years of my children's lives. (That's how long it took for my case to go to court.) The money is taken out of his check automatically. I am going to save up for my children's college with the child support money.
2007-12-04 16:53:24 · update #2
If it was up to him he wouldn't pay me a dime and he isn't going to just pay me extra on his own whenever he is making more money. He has been making the 71K for almost a year now I found out and I was still getting a measly $254 a month. If you have teenagers, you know that much doesn't pay anything.
2007-12-04 16:59:42 · update #3
It will be set according to what he makes at the time of the hearing, but you can always go in and ask for it to be raised if his salary goes up. Why does it vary so much? Make sure he isn't "hiding" it some way. My ex did that, he would work less when he knew a hearing was coming up, so it would be based on a lower salary, then after he would pick up more time. I don't know why men begrudge their kids a little extra. I spend waaaay more on my daughter than the $400 a month I get. One trip to Limited Too and you've blown it all. Oh well, his loss.
2007-12-04 16:50:32 · answer #1 · answered by diques1018 4 · 0⤊ 0⤋
He'll base it on an yearly average. So even if he had a spike in income for only a month that would raise his yearly to 71k from 41k, the judge would go by the previous 12 months. It's his problem he can't budget himself, not the kid's. Not sure what state your in, but in Florida, if he remarries, part of her income can be counted too, indirectly that is. As an example, he remarries, his living expenses just went down because theres now a second income to help out. so his percentage just got alittle bigger that he can afford to pay the children. Also, FYI, if he gets behind on child support, just because the children turn 18 don't mean he's off the hook. You or the children can persue him till they are 32 years of age for the back support.
2007-12-04 16:58:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The fluctuations in income are a little odd. If it's because he works in a seasonal business where he does well at certain time and struggles at others, the court should look at his annual salary rather than the month to month.
If his pay has changed due to changing jobs or getting demoted, then he has every right to have his support lowered because it was based on an income he no longer receives.
The court most likely won't take into consideration what his income might be in 6 months because there is no way to know if that will actually happen.
One thing to keep in mind here. While you certainly need to make sure he is paying a fair amount in child support, it is probably not in your best interests to be a vulture about it as long as he is faithful about making his payments. In fact, it might even be better to work it out between the two of you rather than running to court every six months. If you do work it out between you, just make sure you get the agreement notarized and filed with the courts.
2007-12-04 16:54:51 · answer #3 · answered by Justin H 7 · 0⤊ 0⤋
ok right now it should be based on the 41k unless they ask for his tax return for last year in which case it will be based on his disposable income for last year and if it were 71k then well he will have to appeal the set amount to get it lowered to what he makes now and after he appeals depending on the outcome of that he will pay the set amount and you have a right to take him back into court every 3 years to have it reevaluated. but i wouldnt try to take this guy to the cleaners just be glad he's not a deadbeat dad that wont pay anything! he's doing his part so dont get greedy
2007-12-04 16:50:54 · answer #4 · answered by child4jc74 3 · 0⤊ 0⤋
I get child support from my ex and I only have 1 boy. My attourney told me when we were going to court that after 2 years, the court orders can be changed; meaning that after 2 years you can change the amount of child support you get a month. So you can get a set amount now on what he says he makes, but in 2 years if you find out that he makes more, you can take him back to court and get more child support a month. :) And honey, haveing 2 boys, you need more money!
2007-12-04 16:51:05 · answer #5 · answered by emtbmom 1 · 0⤊ 0⤋
Child suport can be modified as needed. You may want to see what you can do as far as his income changing.
Also, try and get an order for automatic deduction. They can take the money right out of his check and send it to you, instead of you having to get it from him.
2007-12-04 16:47:37 · answer #6 · answered by Meghan 7 · 0⤊ 0⤋
You get support on what he's making now. You could always go in for a raise when you know he gets one, or automatically go very two years.
2007-12-04 16:45:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The Judge may not raise it at all - you forgot he has to turn in that income statement - and now his lifestyle is being supported on less cash - Good Luck
2007-12-04 16:47:39 · answer #8 · answered by MsMcD 2 · 0⤊ 0⤋
at any time either parent can ask for a review to either raise or lower child support due to income level change.
2007-12-04 16:46:05 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Didn't read all of your info, but child support can be modified at any time.
2007-12-04 16:45:30 · answer #10 · answered by Anonymous · 0⤊ 1⤋