Child Support
Forums:
Since we are having problems with BM we figured that we might as well make sure that DH is paying the correct amount for CS. At the time it was calculated, all (3) of the kids were in daycare, and she has since voluntarily reduced her work week to 4 days. How does the process of modifying child support work?
Daddy or his attorney
Daddy or his attorney petitions the court for a modification of the original court order. He goes through everything he did originally, have the petition served on her after filing for a hearing date and appear and tell the story.
I'd be careful with this.
I'd be careful with this. Has he received a raise in the time frame. Not to mention if she reduced her work days at least in my state it goes by both incomes so she will be making less now even though it was her choice and you guys could end up paying more. Make sure your attorney advises you to do this before you file. I learned the hard way that being spiteful with things like this to get even or for whatever reason ends up bad.
For an average working mom,
For an average working mom, I'm sure that would be true. She utilizes her husband like a live in nanny and he functions as the kids' primary caregiver while they are at her house....don't even get me started on that one haha
First, I would go to the
First, I would go to the online CS calculator for your state and see what the CS should be.
Modification in the state that I am in does not necessarily mean going to court. My DH's was done through the mail.
Yeah, I was hoping it was a
Yeah, I was hoping it was a simple process that didn't involve court. The CS office here stinks; DH contacted them right after his divorce years ago to make sure that they were going to start withdrawing from his pay and whatnot, and they were very short with him and said their job is only to support and advise payees not the payers.
That's pretty rude
That's pretty rude considering if it were not for the child support PAYERS, they would not have a job.
We're not trying to get out
We're not trying to get out of child support, but it was high in the first place. Now that we're relooking the court order and what not, it seems like a good time to at least make sure that it is correct. If it ends up being the same, so be it. If it goes up, I'll lose all faith in humanity haha.
The kids are not in daycare
The kids are not in daycare anymore, at all. She has her husband watch them.
This is why daycare should
This is why daycare should not be factored into child support. If all 3 kids are not in daycare and daycare for 3 kids was included in CS, he could be overpaying.
The judge in my sister's case specifically made them separate so that if her daycare went up (because she was getting it pretty cheap at the time), she would not have to keep filing for CS modifications. So, my niece's dad paid CS+daycare, which worked to his advantage as well (if it went down or when she stopped going to daycare).
Most states only allow modifications every few years and even then, it has to change by a certain amount. Daycare should be able to be dropped without a CS modification, if no longer applicable.
I'm sure it varies by state
I'm sure it varies by state so I'm only familiar with my own. But when we went for child support to be calculated, the court determined it as if I was working 40 hours. I was working the max amount my employer was offering, which was approx. 34 hours. The courts didn't care that it was 5 days a week and that I could not get more hours from my employer. They said I was capable of working 40 hour weeks and support would be based on that amount. End of story.
I did my DH's modification
I did my DH's modification for him since BM's attorney apparently couldn't fill out a court document right, then forced DH to sign the last page without showing him the contents (he is that trusting of authority figures... I don't know why). He was paying almost $1400 a month (50% of his net income when BM makes the same amount of money!) for a single child. The modification took it down to $400, and we help pick up other places where BM still manages to drop the ball (like season appropriate clothing, as if 2 pairs of jeans is satisfactory for winter)!
Heck yeah you should make sure your DH is paying the appropriate amount of CS! Things change, and major changes (like no more day care) can be considered a major change in circumstances.
Besides, it hurts the kid when daddy is broke and BM only spends the CS money on spa days for herself, or that daily Starbucks addiction.
Also, as stepmom I keep a journal of everyday, and a detailed history of receipts. DHs are RARELY that detailed when it comes to their kid or BM! No matter how many times their fingers get bit, DHs keep sticker their fingers in the gerbil cages...