modification of child support

[paulie]

What is the name of your state? MI

My husband has 2 kids from a previous marriage and he has joint custody with physical custody belonging to the ex. The kids are 13 and 17 and rarely come over. My husband wants to modify his child support payments because he never sees them and he has made less money over the years. His ex quit working about 3 years ago just because she wanted to stay home and "help" her new husband in his auto mechanic business and he supposedly made enough money so she didn't have to work.

My question is twofold. 1) How will the modified child support request be calculated? I know it has to do with both incomes and there is a formula that determines the amount that will be paid. Will we be even worse off and have to pay more because she has no income? It has been my understanding that both parents have to work if they're able and if they don't need the extra cash it should go into some kind of college fund.

2) What can he do to see his children? the older one is not an issue as she's almost 18 and is a lost cause. My husband doesn't want to force the youngest to come over and the mother (who thinks she's a 16 year old) talks him down to them making them not want to come over.

Thank you.

[haiku]

Originally Posted by paulie

What is the name of your state? MI

My husband has 2 kids from a previous marriage and he has joint custody with physical custody belonging to the ex. The kids are 13 and 17 and rarely come over. My husband wants to modify his child support payments because he never sees them and he has made less money over the years. His ex quit working about 3 years ago just because she wanted to stay home and "help" her new husband in his auto mechanic business and he supposedly made enough money so she didn't have to work.

If your husband has a visitation order it is up to HIm to enforce it. that means taking his court ordered visits when they are supposed to happpen and if they are not being allowed documenting that and takign the ex to court for contempt charges to enforce the order.

Unless there has been a signifigant change in his or her income, over the years, there will be no basis for a change in child support. Also it depends on how your state figures child support as to whether or not it will go down due to her not working. If you know everyones income, you can use your states online calculator to get a ball park figure of what he should be paying. [url]www.supportguidelines.com[/url], click your state links....

My question is twofold. 1) How will the modified child support request be calculated? I know it has to do with both incomes and there is a formula that determines the amount that will be paid. Will we be even worse off and have to pay more because she has no income? It has been my understanding that both parents have to work if they're able and if they don't need the extra cash it should go into some kind of college fund.

you are mistaken about what to do with the money. The money is for the childrens portion of HOUSEHOLD expense. (a college fund is NOT a household expense), and how mom chooses to spend it is her business.

2) What can he do to see his children? the older one is not an issue as she's almost 18 and is a lost cause. My husband doesn't want to force the youngest to come over and the mother (who thinks she's a 16 year old) talks him down to them making them not want to come over.

well what is it then? In the first sentence yo uask, "how can my husband see the children? and in the next breath "he doesn't want to force the 13 year old to visit".

plain and simple, if he wants to see his kids it is up to him to enforce the court order.

Thank you.

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[paulie]

So I guess we just have to "Force" his daughter to come over, so she can hate him even more and the mother isn't responsible for her actions as usual...and, as usual, the man gets screwed...

Thank you for your time...just venting...

[nextwife]

Yes, thirteen year olds should NOT be allowed to think that THEY can make the rules. Absolutely FORCE the child to go. Dad can arrange for child to do some things with friends on his weerkend, but he should NOT allow the child to decide for themselves. My parents were married to each other- do you think THEY let us decide whether we were going where they were telling us we were going? Even if we sulked, we still had to go. And it was GOOD for us to know that we had a responsibility to do as our parents wished.