child support modification

[erivas796]

What is the name of your state (only U.S. law)? MA
My husband and I seperated in Jan 2008. In March 2008 he modified the child support order (for 2 children) and increased the weekly child support payments to $175.00 a week because of his income. He now has retained a lawyer so that he can lower the child support payments to $140.00 a week. His finances have not changed at all between March and now. His annual salary is $65,000 /yr and mine is $32,000 /yr. We do have joint legal and physical custody our children in which their time is split between us 50/50. He has decided that he cannot afford to maintain his home while paying the $175.00. He is an RN and has unlimited access to overtime, which he does not want to do. I cannot afford to retain a lawyer because I am in the process of purchasing a home. Should i fight him or just agree to the $140.00 /wk?

 

[seniorjudge]

The judgment in your lawsuit says $175 and he did that?

Is that correct?

 

[nextwife]

What is the name of your state (only U.S. law)? MA
My husband and I seperated in Jan 2008. In March 2008 he modified the child support order (for 2 children) and increased the weekly child support payments to $175.00 a week because of his income. He now has retained a lawyer so that he can lower the child support payments to $140.00 a week. His finances have not changed at all between March and now. His annual salary is $65,000 /yr and mine is $32,000 /yr. We do have joint legal and physical custody our children in which their time is split between us 50/50. He has decided that he cannot afford to maintain his home while paying the $175.00. He is an RN and has unlimited access to overtime, which he does not want to do. I cannot afford to retain a lawyer because I am in the process of purchasing a home. Should i fight him or just agree to the $140.00 /wk?

I'm unsure if you are saying he SHOULD work unlimited overtime? Are you ALSO willing to work unlimted extra hours? Or is that something you "do not want to do" either?

 

[Silverplum]

I'm unsure if you are saying he SHOULD work unlimited overtime? Are you ALSO willing to work unlimted extra hours? Or is that something you "do not want to do" either?

Permission to cosign, please.

 

[LdiJ]

I'm unsure if you are saying he SHOULD work unlimited overtime? Are you ALSO willing to work unlimted extra hours? Or is that something you "do not want to do" either?

I believe she was using that as an example of why his argument that he can't "afford" 175.00 a week vs 140.00 a week is faulty. Apparently 175.00 a week was a standard calculation.

An RN would probably have to work only 1-2 hours of overtime a week to net the 35.00 that he wants to save....maybe less than 1 extra shift a month. He has the option to work unlimited overtime which means that he can work as much or as little overtime as he likes.

Therefore, he can't really argue "hardship" and you have to be able to argue hardship, in order to deviate from a standard child support calculation.

 

[nextwife]

I believe she was using that as an example of why his argument that he can't "afford" 175.00 a week vs 140.00 a week is faulty. Apparently 175.00 a week was a standard calculation.

An RN would probably have to work only 1-2 hours of overtime a week to net the 35.00 that he wants to save....maybe less than 1 extra shift a month. He has the option to work unlimited overtime which means that he can work as much or as little overtime as he likes.

Therefore, he can't really argue "hardship" and you have to be able to argue hardship, in order to deviate from a standard child support calculation.

Her post doesn't state if the agreed amount was based on overtime or if it was higher than the guidelines for his income. We don't know what the $175 was based upon.

 

[LdiJ]

Her post doesn't state if the agreed amount was based on overtime or if it was higher than the guidelines for his income. We don't know what the $175 was based upon.

True, but that still doesn't mean that it wasn't either, and still doesn't mean that she intends that he should have to work massive overtime in order to satisfy an exhorbitant child support order. He is currently paying about 700.00 a month for more than one child, with a 65k income. That is about 12% of his gross. Since we know that at least 2 children are involved, that's obviously way less than standard for two or more children, therefore we know that the 50/50 timeshare has been taken into consideration to at least some extent.

What it does mean is the simple fact that he has unlimited overtime available to him. Therefore he has a great measure of control over his income.

Does that mean that he should be required to work a great deal of overtime? Absolutely not. Does is mean that if he can't afford his lifestyle plus child support calculated on a standard basis, without working overtime that he should get a reduction? Absolutely not either.

He does not qualify for a hardship. He controls his income in an industry where he is very much in demand. Therefore, unless he agreed to an amount beyond what the guidelines calculated (which doesn't seem very likely based on the facts. 12% of gross for 2+ kids is very low) then he may not get anywhere with his "appeal".

We are talking about 140.00 a month for multiple children. If he is paying an attorney to handle this he is an idiot. It will take him years to recoup the savings, IF he wins.

 

[erivas796]

The $175.00 was an amount that we mutually agreed to. It is less than what the guidlelines says that I am entitled to ($321.00/wk which includes health care deduction). However, because it is a modification of the original order (2005) it is a court ordered amount. We came to this agreement so that he would be able to keep our marital home for the sake of our boys. Now he feels that this is an unfair amount because he has the boys 1/2 the time. He can work 1 extra shift a month that would more than make up the difference between the $175.00 and $140.00. He gets paid $30.00/hr plus shift differential ($7.00/hr x 8 hrs) and weekend differential ($2.50/hr x12hrs). So if he were to work an 1 extra shift a month he would net about $450.00 xtra.

 

[erivas796]

I'm unsure if you are saying he SHOULD work unlimited overtime? Are you ALSO willing to work unlimted extra hours? Or is that something you "do not want to do" either?

I am currently working overtime. I have no problem with it. I will do whatever it takes to take care of my sons!!!!

 

[erivas796]

I am currently working overtime. I have no problem with it. I will do whatever it takes to take care of my sons!!!!

Also, this is the first time in over a YEAR that there has been overtime available at my job. He has the opportunity to work overtime at anytime. And he doesn't even have to work his normal 12 hr shift, he can choose to work a 8 hr shift instead.

 

[Farfalla]

If he takes this to court he may find out what my ex did..... if the two of you do not agree, the courts will fall back on the state guidelines. He will be paying more than he's paying now. Up to this point he's been lucky that you agreed to less child support than the state mandates.

 

[Tayla]

50/50 .

no more no less then either party can sustain .

Since its agreed that both carry a 50/50 time frame in time spent and expenses whilst in their care an increase for one party seems unwarranted.

 

[erivas796]

50/50 .

no more no less then either party can sustain .

Since its agreed that both carry a 50/50 time frame in time spent and expenses whilst in their care an increase for one party seems unwarranted.

I never stated that I wanted an increase. My STBX wants to decrease the COURT ORDERED child support payments from $175.00/wk to $140.00/wk.
Don't you think that a DECREASE seems unwarrnanted since he makes $30,000 more annually??
Nothing has changed in his income or financial situation..

 

[erivas796]

If he takes this to court he may find out what my ex did..... if the two of you do not agree, the courts will fall back on the state guidelines. He will be paying more than he's paying now. Up to this point he's been lucky that you agreed to less child support than the state mandates.

Who knows what the judge will decide...I just didn't want to leave it up to him. We came to an agreement on the CS, the original court ordered CS (from 2005) was modified in March 2008 to reflect those changes and now he wants to modify the CS again when there have been absolutely no changes with his income.

 

[nextwife]

Run the CS calculator. Is he paying above , at, or below what the calculator reports the payment should be? If he is paying below or at guideline he won't get a reduction. If above, he very well may be granted one.