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Modification of Child Support

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WENSKK

Junior Member
What is the name of your state (only U.S. law)? Alabama

My divorce became legal in Alabama in 2004. My ex has changed jobs, moved (still in state) and has also remarried since my cs was calculated back in 2004We were awarded joint legal custody but with me getting primary physical custody. We were told to follow schedule "A" for visitation. He is suppose to have the kids every other weekend and every Wednesday night, six weeks out of the summer etc... but because he lives 4 hours away from us and the girls are busy teenagers he only sees them maybe once a month (if that) for a breif weekend. This has been this way for several years. This has left me with the majorty of the expenses. Now that both girls are teenagers 15, and 13 they are getting very expensive. Both are very involved with High School softball and during the summer and fall they play travel softball. (SUPER EXPENSIVE) I encourage this because it could lead to scholarships for college which will help both me and my ex out. I am remarried now. My question is should I try to get my cs modified since I have had the girls 90% of the time and he can't live up to his visitation schedule? I don't know if he is making more now than he was when we got divorced, but I feel like he is. I dont know how to go about finding out if he does and if its worth me asking for a modification. He also does a small side business refinishing and reselling antiques with his new wife making extra $. I don't know if it's in his name or not though. All I know is that I have the girls 90% of the time and yes they are busy with ball lately and can't go spend 6 weeks out of the summer with him in another city far away, but I'm left with a lot of extra expenses. If you were to calculate every other weekend and every Wed. night that he is suppose to have them that would add up. I really cant afford an attorney to get this modified and just need to know if I should pursue this and if so, how to go about doing it. He does help out with some( but VERY little) extra expenses but its usually when he sees the girls (again, only once a month or two months) he might buy them some softball equipment or something little like that. I am left with church and ball camps, school expenses etc.... Example...It cost me $165 this month just to get the girls registered for public school, $500 for back to school clothes for both girls and still have to get school supplies. What is considered above and beyond cs expenses? Thank you for your advice!What is the name of your state (only U.S. law)?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? Alabama

My divorce became legal in Alabama in 2004. My ex has changed jobs, moved (still in state) and has also remarried since my cs was calculated back in 2004We were awarded joint legal custody but with me getting primary physical custody. We were told to follow schedule "A" for visitation. He is suppose to have the kids every other weekend and every Wednesday night, six weeks out of the summer etc... but because he lives 4 hours away from us and the girls are busy teenagers he only sees them maybe once a month (if that) for a breif weekend. This has been this way for several years. This has left me with the majorty of the expenses. Now that both girls are teenagers 15, and 13 they are getting very expensive. Both are very involved with High School softball and during the summer and fall they play travel softball. (SUPER EXPENSIVE) I encourage this because it could lead to scholarships for college which will help both me and my ex out. I am remarried now. My question is should I try to get my cs modified since I have had the girls 90% of the time and he can't live up to his visitation schedule? I don't know if he is making more now than he was when we got divorced, but I feel like he is. I dont know how to go about finding out if he does and if its worth me asking for a modification. He also does a small side business refinishing and reselling antiques with his new wife making extra $. I don't know if it's in his name or not though. All I know is that I have the girls 90% of the time and yes they are busy with ball lately and can't go spend 6 weeks out of the summer with him in another city far away, but I'm left with a lot of extra expenses. If you were to calculate every other weekend and every Wed. night that he is suppose to have them that would add up. I really cant afford an attorney to get this modified and just need to know if I should pursue this and if so, how to go about doing it. He does help out with some( but VERY little) extra expenses but its usually when he sees the girls (again, only once a month or two months) he might buy them some softball equipment or something little like that. I am left with church and ball camps, school expenses etc.... Example...It cost me $165 this month just to get the girls registered for public school, $500 for back to school clothes for both girls and still have to get school supplies. What is considered above and beyond cs expenses? Thank you for your advice!What is the name of your state (only U.S. law)?
You're expected to use the CS as his portion of their costs, which includes clothing and any extra-curricular activities for which you sign them up.

I find it odd that you think it's okay for the children to miss weeks with their Dad in favor of playing softball.

That said, TheGeekess has posted a excellent links on AL law. You can search her posts by going here and searching "statistics":

https://forum.freeadvice.com/members/thegeekess-362397.html
 

WENSKK

Junior Member
I do use every bit of his cs for the girls....their clothing, sports, housing, electric bill etc....., their softball which is Varsity level will lead to scholarships I am sure. If they get a scholarship this will help him out w/ college expense so he does not complain. This is just a HUGE expense on me. I'm not talkig a little city league team. Their Dad has never really pushed the issue to see them. Even before softball he didn't see them 6 weeks out of the summer and again only saw them once every other month or so. This is his choice. I can't help that he moved 4 hours away. I love having the girls don't get me wrong, but I feel like because I have them way more than he does he should have to help out more financially. It's not my fault that he cant come and get them every other weekend and every Wed. night. Why should I have to have the extra expense when he chooses to not come every other weekend etc... Ball or no ball, I think that he makes more $ now than he use to when we first got divorced. How do I find this out and should I request a modification? Our girls are just way more expensive now as teenagers than they were when they were little and I am struggling to keep up. It's his choice not to see them when he is scheduled and I am having to pay. He really has no idea how expensive teenage girls are. How could he? He never spends longer than a weekend every other month with them if that.
 

Silverplum

Senior Member
I do use every bit of his cs for the girls....their clothing, sports, housing, electric bill etc....., their softball which is Varsity level will lead to scholarships I am sure. If they get a scholarship this will help him out w/ college expense so he does not complain. This is just a HUGE expense on me. I'm not talkig a little city league team. Their Dad has never really pushed the issue to see them. Even before softball he didn't see them 6 weeks out of the summer and again only saw them once every other month or so. This is his choice. I can't help that he moved 4 hours away. I love having the girls don't get me wrong, but I feel like because I have them way more than he does he should have to help out more financially. It's not my fault that he cant come and get them every other weekend and every Wed. night. Why should I have to have the extra expense when he chooses to not come every other weekend etc... Ball or no ball, I think that he makes more $ now than he use to when we first got divorced. How do I find this out and should I request a modification? Our girls are just way more expensive now as teenagers than they were when they were little and I am struggling to keep up. It's his choice not to see them when he is scheduled and I am having to pay. He really has no idea how expensive teenage girls are. How could he? He never spends longer than a weekend every other month with them if that.
Like I said, TheGeekess's links are extremely comprehensive and useful. That's how you find out.
 

LdiJ

Senior Member
I do use every bit of his cs for the girls....their clothing, sports, housing, electric bill etc....., their softball which is Varsity level will lead to scholarships I am sure. If they get a scholarship this will help him out w/ college expense so he does not complain. This is just a HUGE expense on me. I'm not talkig a little city league team. Their Dad has never really pushed the issue to see them. Even before softball he didn't see them 6 weeks out of the summer and again only saw them once every other month or so. This is his choice. I can't help that he moved 4 hours away. I love having the girls don't get me wrong, but I feel like because I have them way more than he does he should have to help out more financially. It's not my fault that he cant come and get them every other weekend and every Wed. night. Why should I have to have the extra expense when he chooses to not come every other weekend etc... Ball or no ball, I think that he makes more $ now than he use to when we first got divorced. How do I find this out and should I request a modification? Our girls are just way more expensive now as teenagers than they were when they were little and I am struggling to keep up. It's his choice not to see them when he is scheduled and I am having to pay. He really has no idea how expensive teenage girls are. How could he? He never spends longer than a weekend every other month with them if that.
You have been divorced for 7 years. If you have never had a CS modification in all that time it certainly would be reasonable to file for one now.

However, if by any chance he is making less money than he was 7 years ago, you would risk child support being reduced.
 

WENSKK

Junior Member
Is there ANY way to find that out before I request a modification? With me having the girls 90% of the time due to him taking a job 4 hrs. away and him not being to live up to the visitation schedule, justification for a modification? He hardly ever has the girls and I am having that extra expense. Teenage girls are very expensive. By the time you pay an attorney is it really worth it? I just don't know what to do. All I know is that I am having to live pay check to pay check raising two teenagers.
 

LdiJ

Senior Member
Is there ANY way to find that out before I request a modification? With me having the girls 90% of the time due to him taking a job 4 hrs. away and him not being to live up to the visitation schedule, justification for a modification? He hardly ever has the girls and I am having that extra expense. Teenage girls are very expensive. By the time you pay an attorney is it really worth it? I just don't know what to do. All I know is that I am having to live pay check to pay check raising two teenagers.
Don't pay an attorney...go through your local child support enforcement agency. It will take longer, but you won't have to pay an attorney. No, there is no way to find out if he makes more or less money unless he volunteers that information to you.
 

TheGeekess

Keeper of the Kraken
Alabama does not consider a parent's visitation time in their calculations, unless there is a 50/50 arrangement. Then, there may a deviation.

And "Schedule A" may be applicable to your county, but it is not statewide. Alabama does not have a codified statewide visitation schedule.

Alabama is a shared income model state.

You will need to call your county DHR office; that's who handles CSE in Alabama.

Link to Alabama Administrative Court site on Child Support:
http://www.alacourt.gov/ChildSupportInfo.aspx

DHR website on Child Support:
http://www.dhr.state.al.us/page.asp?pageid=288

Schedule of Basic Child Support:
http://www.alacourt.gov/ChildSupportObligations.aspx
 

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