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I don't think there is a time limit and no, it doesn't mean you're just after more money. Why should the father live high on the hog while his ex and child/ren struggle to put food on the table???? My ex moved in with his GF a few months ago and has his house rented out now. He's getting more than the mtg pmt is for the rent and that means he has MORE money at his disposal. We aren't even exchanging gifts because we can't afford to, while he is taking her on a 7 day cruise...yeah...we need modification too! Now if you don't need it and you're happy with the way things are going, then don't rock the boat. Instead, see if your ex will set up a savings account in your child's name so that they have SOMETHING set aside for college or whatever they need. I take it he is making significantly more money than he was when you divorced?
Well, this is all just a general question. Some issues are going on where one ex is paying support (mine) and one is not (DH's ex) and I was looking up stuff and come across the modification issue. Which got me thinking if I am suppose to get it reviewed every so often.
My ex was not working when we got divorced because he just got out of prison (yeah, he was a real winner). He is now an assistant manager at a grocery store. We agreed to $200 a month when we divorced because we (ME) handled the divorce ourselves and I wanted to get it over with without a fight. We don't necessarily NEED the money but it would make things a little easier if it were more. The modification form has a question about the non-custodial parents criminal record and I am wondering also how that is used against them (if at all).
I'm surprised he was able to get such a good job with a record but that being said, I'd say you have ever right to go back and ask for more now that his situation has changed so much. I completely understand wanting to get it over with and agreeing to something that retrospectively, wasn't in your best interest. BTDT. One of the things I most regret. As far as your DH's ex, she needs to be paying if you have custody. You may not get much out of her but she needs to help out. Kids are expensive as you know and for her to be getting off without paying a dime isn't fair to you OR to the child!
Yes I know. But unfortunately all I can do is fuss at DH about it and he isn't doing much to correct the situation.
She only has to pay $100 directly to DH per their decree and she is already over $3000 behind. Definitely enough to affect her tax returns and drivers license status. All he has to do is go to the court and file the paper work which should be $25 tops. NO lawyers needed. But he feels sorry for her because she has another child now he says we don't need the money anyway. Ughgh!
Sorry he dosen't want to go get more/ any money from her... That being said it may be easier if you don't, Is she a part of the childs life? If not just right it off as a loss, and keep track of what she owes, just incase she tries to pull anything later onn... Your DH gets the wealth but having the child anyways... Some times it's more of a pain than it's worth...
As far as upping your ex's the court shouldn't take into account that your dh has a child and is not getting support, try the online calculators for your state and see if 200 is correct, becuase that sound fairly decent for one child... it should only be based on your income and your children, and your ex's, nothing to do with your current dh or his children.. I believe in michigan they automatically recalculate it every 3 years, if you are throught the friend of the court, but not if you have agreed on an amount..
(please excuse my spelling errors, my spell check, checked out on me)
Is there a set time frame that you should get the child support modified?
No, you can get it modified when ever you see fit. If the person gets a new job, loses their job, the child turns of a certain age (it can vary in each state but at a certain age, a modification is in order b/c children cost more to raise).
Is it actually necessary? Or can you just leave it be?
Not necessary at all. My aunt had a CS order done when she divorced & hasn't had it increased/decreased in years, the child is turning 16 in July of 09', she told her ex DH to stop paying CS 5 year's ago, she makes a lot of money & told him to stop paying & didn't want the $ but just to keep a relationship & keep the child on his health insurance. I personally wouldn't do that, but if you are happy w/ the CS order, and you don't want more $, you don't need to go in for any modifications.
If you do try to get it modified, does that make you only after more money?
Depends if you want it. You can have it modified to have it decreased if you want to have it decreased. For instance. If you are the one paying CS, and you want to have it decreased b/c you have lost your job or you are in hardship or have a serious illness, you can go in for modification, chances are they will NOT give it to you but they wont give you penalties, UNLESS the other parent (receiving CS) says they will waive the support. Now if you are the one receiving the CS & you bring the parent in who is paying CS & you say "I don't want your CS anymore" you can have the order modified & say "I don't want your money anymore" or you can say "I want more money" or you can say "I want to make this less"... there are chances that if you go in to have it increased, if you make more money than you did before, and your ex makes less, you could actually hurt yourself & have the order reduced. That's when you bite yourself in the butt. So you have to be careful. The only time things can't be changed is when a person paying CS has more children, decides to bring a modification in b/c he has had more kids, thinking he'll have less to pay b/c he's had more kids, but the law states "family first law"...you can't have it reduced, no matter how many kids you have after the fact, but, you can have it frozen so that it wont be increased b/c you've had more kids, but that has to be special circumstances based on you have a ton of kids & your money is really an issue. If the economy is good, you make good money, they wont (the judge) care if you have 3 more kids, they'll increase your CS order & modify it to increase to CS.
Hope that makes sense. This is based on MA laws, this may be different in your state. Keep in mind that all individual circumstances can contribute to making these issues change. Nothing is black & white w/ CS orders, unless it's basic.