i will make this quick as it is a long story. my ex wife of 12 years who has sat back and enjoyed here child support and not asked for more has decided to quit her job. has taken me back to court for more support. i got served with the new support order and have 14 days to respond. i need help fast.
oh, and my kids are 15 and 16.

 

The same has happened to me , i go to court this month, my ex has tryed this many times and has never won , here in FL if she quits her job that is not grounds for more suport, might be the same where you live, go find a lawyer and he will take care of it and you, i know it is upsetting, you will fell better after talking with a lawyer
hope this helps
Jman

 

My brother went thru the same issue. He didn't even get a lawyer. Apearently, within the State of Texas, she can request increases, but only withing a certain time frame. There a schedule somewhere that shows it. She wanted a large increase, because she found out that his new wife had got a big promotion in her job and thier income doubled.

She got an increase, but not to the amount she was asking. She was actually asking for her increase to cover the last 6 years or so. The judge laughed about that. She could only ask for a certain percentage over a set amount of years and if it's the first time she asked for an increase, she can only get the percentage that the schedule allows for the first scheduled increase. Does that make sence?

Another twist to his case was she was only elgible for support for about 3 more months when she filed for this increase, so the judge really mopped the floor with her.

Uness you've origianlly had a very small amount you've been paying or you've won the lottery, I wouldn't worry too much. You really should have a lwayer though, so she can't rake you over any coals. There's alot of laws that come into play here, and most of us don't know them.

 

With only a few more years to pay, dont worry about it. Find a local lawyer, go back to court. I dont see her getting much ,if, any more than she is already getting.

Make sure to smile at her after the hearing too!

Good Luck.

 

When I got divorced, I asked my lawyer about the ex going back to renegotiate the deal.
He told me that the longer the settlement is in place, the tougher it is to change it.
After 12 years, I'd bet you're in pretty good shape.

 

You can try expertlaw.com and sign up for their forums for specific advice as well. I use it for all types of law stuff and insurance info.

I think child support should increase with inflation. My mom got child support from my dad which was set back in the early 80's. Back then it was pretty sufficient, but by the time I got to be 10 years old and really started to grow she never went back to get an increase and I was stuck getting made fun of for wearing sweats to school every day until I could get a job. We weren't poor, my mom just thought it was still 1974, not 1994.

 

I thought *I* was the only H.S. senior in the class of 1993 still wearing the "Milwaukee Brewers 1982 AL Champs" sweatshirt.

 

LOL I swear I wore a Chicago Bears 85 champs shirt or something like that in the early to mid 90's once a week

 

Get a copy of the child support law and read it over well. Sounds like voluntary under-employment which isn't grounds for an increase in support. (at least in AK) the judge should Impute her income based on her last full time wages.

Also, if you proceed Pro se (with out a lawyer you typically get a little more time to fille needed paperwork.

 

well, they imputed it but at her part time wage. which came out to 19,000 per year not the 30,000 per she she made at the county job. that makes a big difference in the percentage of the support split. not to mention my income has gone down since this whole thing started last october and will likely continue to go down as work slows. plus they are wanting to retro it back to october which will in turn put me about 3500 in arears with the swipe of a pen and that will allow them to garnish my wages for 50%. i have never been late with my payment and have had to skip truck payments and rent to make sure it got paid over the last 12 years. my cousin lent me some money so i could get a lawyer.
i have a meeting with a lawyer tuesday.
i don't what makes me more mad, that fact that they want ot raise to 1100 from 450 per month or that they want retro it back to october.

 

Get a copy of the law and read it. You will probly have to keep your lawyer on track. Here in AK Child support modifications cannot be retro active. they can only become effective the first of the month following an order. I would also look real close at the statutes for vouluntary under employment and imputing income.

CSED can be very tricky to deal with but if you get your case in front of a judge they seem to be a little better.

 

If money is that tight, may I suggest you find a way to raise some funds? Hint: look at your sig