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Questions about C/S Revisions

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lelab

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

This maybe long but please bear with me. This is a question about child support and child support revisions. My brother and his ex divorced in Aug 07. The child support (for 1 child) that was issued was never decided by income, or child care expenses. The mother basically came up with an $ that sounded good to her and the judge signed off on it. My brother didn’t do too much at the time to stop her out of fear that she would try to get sole custody, along with the amount being “bearable”

Fast forward 1 year later. My brother is technically self employed and in his job uses at least 1 full tank of gas a day along with other numerous business expenses (oil changes, Nextel, extra insurance coverage on his vehicle). His work has slowed down along with gas prices shooting up. He has tried talking to his ex about a child support revision but she will not hear anything of it. Also at the time the amount was decided on his daughter was in full time daycare. Now the daughter is in part time after school care and it’s never been revised to show that change.

What exactly are his options? It’s only been a year but right now his child support amount is almost ½ of his bring home pay and it’s just too much.

Can the courts tell him that it hasn’t been long enough? Does he stand any chance of having the child support revised?

He can’t afford an attorney, will the Child Support Enforcement Agency hear him out? Also they live in 2 different states (only about 20 mins apart but it is across state line) which state would he talk to the one he lives in or his ex?

If anymore info is needed let me know! I want to try and help his out!
 


Silverplum

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

This maybe long but please bear with me. This is a question about child support and child support revisions. My brother and his ex divorced in Aug 07. The child support (for 1 child) that was issued was never decided by income, or child care expenses. The mother basically came up with an $ that sounded good to her and the judge signed off on it. My brother didn’t do too much at the time to stop her out of fear that she would try to get sole custody, along with the amount being “bearable”

Fast forward 1 year later. My brother is technically self employed and in his job uses at least 1 full tank of gas a day along with other numerous business expenses (oil changes, Nextel, extra insurance coverage on his vehicle). His work has slowed down along with gas prices shooting up. He has tried talking to his ex about a child support revision but she will not hear anything of it. Also at the time the amount was decided on his daughter was in full time daycare. Now the daughter is in part time after school care and it’s never been revised to show that change.

What exactly are his options? It’s only been a year but right now his child support amount is almost ½ of his bring home pay and it’s just too much.

Can the courts tell him that it hasn’t been long enough? Does he stand any chance of having the child support revised?

He can’t afford an attorney, will the Child Support Enforcement Agency hear him out? Also they live in 2 different states (only about 20 mins apart but it is across state line) which state would he talk to the one he lives in or his ex?

If anymore info is needed let me know! I want to try and help his out!
He could file for a modification with the state that issued the CS order. I don't have links at home, but use Google (or whatever) to find the state guidelines for the state that issued the order, and a calculator. He can input the numbers and see if they work for him -- BEFORE he files in court for a modification.
 

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