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Does anyone have experience with CS in a divorce decree?

MEL1297's picture

So our situation, CS is covered in the divorce decree. Not through the state or anything. BM says we're hiding income from her and wants to go to "domestics" (her words) to up her support. Decree was in effect about 7 years ago. DH agreed to a very fair amount, along the lines of what she probably would have received in family court. No change in support since then. BM sees the way we live and is jealous. she doesn't work and her husband I don't think makes that much. DH salary hasn't changed much since the decree. I married DH a few years ago, and it's really the addition of my salary that enables us to live comfortably (I make almost as much as him.)

Anyway, my question is, is anyone's CS through the decree? How difficult would it be for BM to try and modify? Can she even take it to family court or the state if it's in the decree? Law is definitely not my area of knowledge Smile thanks in advance!!

Oldmom's picture

That is not necessarely true. If BM & her DH have made a decision as a couple that she would not work he then assumes responsibility of her financial obligations. That includes supporting her child.

The OP's husband can argue that the new DH's salary can and should be used in the calculations for support

jumanji's picture

Not necessarily true - Mom may be imputed an income - depending on her history and earning ability.

hereiam's picture

She can request a modification. If your DH's salary hasn't changed much, the CS may not change.

She is making the mistake that a lot of women make, assuming her CS should be raised because the new wife's income makes it look like the bio father got a raise.

BM over here was a little smarter than that, she knew DH was living better because of ME.

Look up the state's CS calculator, as suggested, and get an idea how close his current CS is with that.

MEL1297's picture

What if she is capable of earning more, but just chooses not to work? This would be a problem for us if she tries to modify. I'm guessing we can request a Vocational examination?? We are in pennsylvania

MEL1297's picture

Thank you all for the detailed info. This really opened my eyes to a few things I didn't consider. Looked at the state calculator and we are under by about 100$ A month (if I put in minimum wage for her) and then off by $300 a month if her salary remains at 0$. She is able to work but chooses not to. This is what it's going to come down to. We are in pennsylvania