Basis for Support Change?

[Beezersmom]

California :
As I stated in my last question, I have been divorced 9+ years and my ex has been good about paying his support on time with no CSE invlovement. We had an fairly civil split and decided on a support amount mutually on our own (1062.00 mo.) At the time it was probably more then the courts would have given me, and as a gesture of good faith I have never taken him back for a cost of living increase etc.
Heres the dilema..... He has never been good with his finances and is now unable to pay his support. He is also behind on his house payment, car payment etc. I have no sympathy because he went out and bought a half million dollar home a couple of years ago , took out an immediate home equity loan and put in an elaborate pool. BBQ etc... then bought a new 40,000.00 truck to pull his new 35 foot 5th wheel toy hauler trailer etc... He has 3 cars between he and his wife.
So now his dental lab business is not doing well and he is upside down on his home, trailer etc... and has not paid child supprt for 3 months ! I felt bad over the holidays and let it go.... but now need to do something before it gets too behind.
If I go to court will they reduse the support because of his reduced income even though he has assetts he could sell. He is self emplyed so how do I know he is not just being lazy? How can he live like a king but not pay his child support? Plus if the courts do reduce the support amount could I then bring up the fact that support has not been increased in almost 10 years? What is the basis for calculating support in a situation like this???
Thanks for your help, I don't want to stir up anything in court if I don't have to.
Debbie

[LdiJ]

Originally Posted by Beezersmom

California :
As I stated in my last question, I have been divorced 9+ years and my ex has been good about paying his support on time with no CSE invlovement. We had an fairly civil split and decided on a support amount mutually on our own (1062.00 mo.) At the time it was probably more then the courts would have given me, and as a gesture of good faith I have never taken him back for a cost of living increase etc.
Heres the dilema..... He has never been good with his finances and is now unable to pay his support. He is also behind on his house payment, car payment etc. I have no sympathy because he went out and bought a half million dollar home a couple of years ago , took out an immediate home equity loan and put in an elaborate pool. BBQ etc... then bought a new 40,000.00 truck to pull his new 35 foot 5th wheel toy hauler trailer etc... He has 3 cars between he and his wife.
So now his dental lab business is not doing well and he is upside down on his home, trailer etc... and has not paid child supprt for 3 months ! I felt bad over the holidays and let it go.... but now need to do something before it gets too behind.
If I go to court will they reduse the support because of his reduced income even though he has assetts he could sell. He is self emplyed so how do I know he is not just being lazy? How can he live like a king but not pay his child support? Plus if the courts do reduce the support amount could I then bring up the fact that support has not been increased in almost 10 years? What is the basis for calculating support in a situation like this???
Thanks for your help, I don't want to stir up anything in court if I don't have to.
Debbie

Either get your local child support enforcement agency involved in your case, or take him to court for contempt. That could result in him requesting a modification/reduction, however, depending on his income tax returns for the last couple of years, it could also result in an increase.

It sounds to me like he needs to do some downsizing.

[nextwife]

I think the downturn in the economy took a lot of people by surprise. That's why my personal financial philosophy is that one should not budget based upon what they make - they should budget based on no more than 80% of what they net. And conservatively at that! We have a self employed friend who was getting 15 jobs a week, now maybe five a week. I know other people who have lost huge amounts of business.

Of course, in my friends case, he lives with his wife and their child they support, so they are a drastically cutting back now- but they reduced spending on their lives and child as soon as business starting tanking.

[Beezersmom]

Originally Posted by LdiJ

Either get your local child support enforcement agency involved in your case, or take him to court for contempt. That could result in him requesting a modification/reduction, however, depending on his income tax returns for the last couple of years, it could also result in an increase.

It sounds to me like he needs to do some downsizing.

AMEN!!!!! Or take some classes on managing finances !
Thanks for the help.
Deb

[LdiJ]

Originally Posted by nextwife

I think the downturn in the economy took a lot of people by surprise. That's why my personal financial philosophy is that one should not budget based upon what they make - they should budget based on no more than 80% of what they net. And conservatively at that! We have a self employed friend who was getting 15 jobs a week, now maybe five a week. I know other people who have lost huge amounts of business.

Of course, in my friends case, he lives with his wife and their child they support, so they are a drastically cutting back now- but they reduced spending on their lives and child as soon as business starting tanking.

In my peak earning years, my budget was 50% of my income, and I was paying for a housekeeper/nanny at the time too (however my daughter's father did pay 1/3 of that). Even that wasn't good enough when things tanked for me. I could have downsized much quicker than I did, and would be in better shape now, many years later, if I had.

I am now a great believer in downsizing. Many people don't realize how much "fluff" they have in their budget, or how much they are overpaying for services, until they start shopping around.

[Bali Hai]

Originally Posted by LdiJ

In my peak earning years, my budget was 50% of my income, and I was paying for a housekeeper/nanny at the time too (however my daughter's father did pay 1/3 of that). Even that wasn't good enough when things tanked for me. I could have downsized much quicker than I did, and would be in better shape now, many years later, if I had.

I am now a great believer in downsizing. Many people don't realize how much "fluff" they have in their budget, or how much they are overpaying for services, until they start shopping around.

So YOU weren't paying 100% for a housekeeper/nanny at all. So don't make it sound like you didn't need HIS money!! AND be grateful HE came through!!

How many people come here wanting nanny's?? That's a good reason for their @ss to be kicked in my most humble opinion!!!

Yes he has an obligation to provide for the child he created, but in no way should he be legally bound to take care of a lazy @ss!!

[CourtClerk]

I have no idea where the rest of you are... but I couldn't live on 50% of my income if my life depended on it. I like a few nice things here and there, but I don't have a lot of fluff at all.


As for the OP, you better hope that your "idea" doesn't backfire on you and the fact that you never asked for a modification in 10 years was your choice. And one more thing.. California doesn't have a "cost of living" increase for child support. That's for work, not raising your child.

[Beezersmom]

Originally Posted by CourtClerk

I have no idea where the rest of you are... but I couldn't live on 50% of my income if my life depended on it. I like a few nice things here and there, but I don't have a lot of fluff at all.


As for the OP, you better hope that your "idea" doesn't backfire on you and the fact that you never asked for a modification in 10 years was your choice. And one more thing.. California doesn't have a "cost of living" increase for child support. That's for work, not raising your child.

So if California does not have a cost of living increase for child support what is an increase based on? It seems unrealistic to think that what my ex paid 10 years ago for child support would be sufficient today. I'm just fortunate that I remarried (8 yrs. ago) and my current hubby can afford to support us all.

[LdiJ]

Originally Posted by Bali Hai

So YOU weren't paying 100% for a housekeeper/nanny at all. So don't make it sound like you didn't need HIS money!! AND be grateful HE came through!!

How many people come here wanting nanny's?? That's a good reason for their @ss to be kicked in my most humble opinion!!!

Yes he has an obligation to provide for the child he created, but in no way should he be legally bound to take care of a lazy @ss!!

Bali, did you not notice that I said that my budget was only 50% of my income? I didn't need his money. I could have easily handled the entire 100% for the nanny. He chose to assist with that, and kudos to him for doing so, but I didn't NEED his money.

[CourtClerk]

Originally Posted by Beezersmom

So if California does not have a cost of living increase for child support what is an increase based on? It seems unrealistic to think that what my ex paid 10 years ago for child support would be sufficient today. I'm just fortunate that I remarried (8 yrs. ago) and my current hubby can afford to support us all.

Child support modifications (that means upward and/or downward) are based on whether the current circumstances would change the support amount by $50 or 20% in California at a minimum. So you can expect that if his current circumstances aren't what they were 10 years ago, then the support payment very well could go down, not up if he insists on guideline support. That or it could very well just stay the same and you're out attorney's fees, and no increase at all.

[tuffbrk]

Regardless if it goes up or down, you need to file contempt or get Child Support Enforcement involved if you want to get anything at all.

[Beezersmom]

[quote=CourtClerk;1812285]Child support modifications (that means upward and/or downward) are based on whether the current circumstances would change the support amount by $50 or 20% in California at a minimum. So you can expect that if his current circumstances aren't what they were 10 years ago, then the support payment very well could go down, not up if he insists on guideline support. That or it could very well just stay the same and you're out attorney's fees, and no increase at all.[/QUOT


So if a man's income goes down his child support goes down? My ex is self employed, so what keeps him from just "conveniently" not making as much as he used to? I thought the courts would base it on what he has shown the potential to earn over the past 9 years.
Oh well... go fugure.

[Ohiogal]

Originally Posted by Beezersmom

So if a man's income goes down his child support goes down? My ex is self employed, so what keeps him from just "conveniently" not making as much as he used to? I thought the courts would base it on what he has shown the potential to earn over the past 9 years.
Oh well... go fugure.

It depends on whether or not it is a VOLUNTARY or INVOLUNTARY decrease. He cannot control the economy.

[nextwife]

[quote=Beezersmom;1813200]

Originally Posted by CourtClerk

Child support modifications (that means upward and/or downward) are based on whether the current circumstances would change the support amount by $50 or 20% in California at a minimum. So you can expect that if his current circumstances aren't what they were 10 years ago, then the support payment very well could go down, not up if he insists on guideline support. That or it could very well just stay the same and you're out attorney's fees, and no increase at all.[/QUOT


So if a man's income goes down his child support goes down? My ex is self employed, so what keeps him from just "conveniently" not making as much as he used to? I thought the courts would base it on what he has shown the potential to earn over the past 9 years.
Oh well... go fugure.

You mean to say: If a NCPs income goes down?

When MARRIED couples experience a drop in income, THEIR household support money goes down! Suddenly, if the parents divorce, the children should remain totally unaffected by the same things they WOULD have been affected by if the parents had stayed together?

Both hubby and my industries are very "stressed" right now, and we ARE both making less than five years ago - so we adjusted certain spending to reflect that. That's life- there are no "guaranties". Certain manufacturing, housing, lending and other industries are in the tank right now. And yes, self employed people can be affected by the same thing employed people can be. A self employed mortgage lander will likely make a lot less, same as his "employed" equivilant.

[Bali Hai]

[quote=nextwife;1813278]

Originally Posted by Beezersmom

You mean to say: If a NCPs income goes down?

When MARRIED couples experience a drop in income, THEIR household support money goes down! Suddenly, if the parents divorce, the children should remain totally unaffected by the same things they WOULD have been affected by if the parents had stayed together?

Both hubby and my industries are very "stressed" right now, and we ARE both making less than five years ago - so we adjusted certain spending to reflect that. That's life- there are no "guaranties". Certain manufacturing, housing, lending and other industries are in the tank right now. And yes, self employed people can be affected by the same thing employed people can be. A self employed mortgage lander will likely make a lot less, same as his "employed" equivilant.

Beezersmom
Junior Member Join Date: Mar 2007
Posts: 11

So if California does not have a cost of living increase for child support what is an increase based on? It seems unrealistic to think that what my ex paid 10 years ago for child support would be sufficient today. I'm just fortunate that I remarried (8 yrs. ago) and my current hubby can afford to support us all.

That says it all. She doesn't have a clue!!

She's the type that if the husband can't "support us all" the way she wants while married, she'll divorce him and expect the court to make him provide her expectations with his earning potential!!