Modification of Support

[budmen2]

What is the name of your state?LA

My Ex wife and I were divorced in 1998, she and my daughter has since moved to Pennsylvania. She called and stated she needs a cost of living increase to the child support. I asked what she needed it for and she told me it was none of my business. I declined to volunteer an increase. She then told me that she can file for a modification in PA under there laws. Everything I have read states jurisdiction remains in LA since I still live here. Also the child support order is part of our divorce decree. So I guess my questions are

What state has jurisdiction?

Are cost of living increases normal for CS increases?

 

[rmet4nzkx]

Jurisdiciton remains in LA.
What does your order say re CS & COL, visitation, transportation?
If it has not been adjusted in 6 years and she has moved it may well be more expensive in PA than LA, but she would have to provide a reason for modification in her petition. Also have the visitaiton arrangements changed? Is she paying for transportation of the children when they visit you, usually the moving parent pays for transportation. If she files for modification these are issues you may raise as well or even file to modify yourself.

 

[budmen2]

We split transportation costs 50/50. does she have to show where the excess costs are. She has remarried and her husband makes good money and pays for the housing expenses. I had a lawyer recalculate child support under La law and it would be roughly 20 dollars more than I am currently paying, So can they recalculate under PA Law?

 

[Smarty Panties]

No they can't use PA law. You might like to check out this site http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=LA&CFID=342174&CFTOKEN=12904875#6

Check out support details and mod/reviews.. Interesting stuff there.

 

[Phnx02]

What is the name of your state?LA

My Ex wife and I were divorced in 1998, she and my daughter has since moved to Pennsylvania. She called and stated she needs a cost of living increase to the child support. I asked what she needed it for and she told me it was none of my business. I declined to volunteer an increase. She then told me that she can file for a modification in PA under there laws. Everything I have read states jurisdiction remains in LA since I still live here. Also the child support order is part of our divorce decree. So I guess my questions are

What state has jurisdiction?

Are cost of living increases normal for CS increases?

Cost of living increases is normal for CS purposes. In some states, this is automatic....every 4 or 6 years for instance, a CP is allowed to have the NCP's income reviewed for this purpose. And generally, the CP doesn't have to disclose or justify increased expenses.....the increase is based on the NCP's current income....due to standard increased living expenses (inflation), and that if the NCP is earning more, he/she can afford to pay more for their child.

 

[Smarty Panties]

Louisiana doesn't do child support mods on the basis of cost of living adjustments. Louisiana also uses both parents income when calculating or recalculating support, not just the NCP's.

 

[LdiJ]

Ok....you are getting lots of accurate information but the most important information is being left out.

Yes, she can file for an increase, IN PA through the PA Child Support Enforcement Agency. However the calculation will be done based on LA laws, not PA laws.

Her actual expenses will be irrelevant to the child support calculation. It will be based strictly on your respective incomes (and her husband's income WILL NOT count)

Your original child support was set in 1998, that is 6 or maybe even close to 7 years ago. If your income has increased since then, you can expect the child support to go up. If your income has increase a lot since then, you can expect the child support to increase a lot. If your income has gone down or remained relatively the same you can expect child support to either go down or remain the same.

 

[Smarty Panties]

and her husband's income WILL NOT count)

Normally I'd agree but,

This is some of the interesting stuff from the site I posted yesterday...

"Q. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 00-11)? A. No However, the information may be helpful, as under state guidelines law, the court may consider the benefit of expense sharing.

 

[LdiJ]

Normally I'd agree but,

This is some of the interesting stuff from the site I posted yesterday...

"Q. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 00-11)? A. No However, the information may be helpful, as under state guidelines law, the court may consider the benefit of expense sharing.

That particular thing is due to arrearages. Courts will look at a spouse's income when they are determining how much extra they can add on towards arrearages. Its not a factor in current support except in the handful of states that include expenses in calculating support.

 

[rmet4nzkx]

You may still ask to have the transportation costs modified since she is the one that moved, and should be 100% her responsibility not 50/50 %

 

[LdiJ]

You may still ask to have the transportation costs modified since she is the one that moved, and should be 100% her responsibility not 50/50 %

Good point...that is absolutely true.