Should we go back to court?

[bbypics]

What is the name of your state? VA

I am married and have a step-daughter. I feel that he is paying too much for child support and wondered if it would be worth it to go back to court to try to have it lowered? When the CS was set, my step daughter was still a baby and it was done through a moderater. It was set at $500 a month not including the health insurance he has to carry for her. Now she is 6 and we have a 15 month old and a baby due in july. His daughter is no longer in daycare, her mom is finally drawing an income and he has other children to support. Wouldn't it be fair to say that it could be lowered? I have filled out a work sheet supplied by the DCSE and according to that it should be somewhere around $250 -$300. Should we have a lawyer if we do decide to try to get it lowered? I appreciate any info!!!

 

[Neal1421]

What is the name of your state? VA

I am married and have a step-daughter. I feel that he is paying too much for child support and wondered if it would be worth it to go back to court to try to have it lowered? When the CS was set, my step daughter was still a baby and it was done through a moderater. It was set at $500 a month not including the health insurance he has to carry for her. Now she is 6 and we have a 15 month old and a baby due in july. His daughter is no longer in daycare, her mom is finally drawing an income and he has other children to support. Wouldn't it be fair to say that it could be lowered? I have filled out a work sheet supplied by the DCSE and according to that it should be somewhere around $250 -$300. Should we have a lawyer if we do decide to try to get it lowered? I appreciate any info!!!

Has your husband's income increased since the original order was set?

 

[bbypics]

Surprisingly very little. Maybe by $5000. If that, when CS was set he was making overtime, now he is salary and doesn't get that overtime.

 

[Silverplum]

What is the name of your state? VA
I am married and have a step-daughter. I feel that he is paying too much for child support and wondered if it would be worth it to go back to court to try to have it lowered? When the CS was set, my step daughter was still a baby and it was done through a moderater. It was set at $500 a month not including the health insurance he has to carry for her. Now she is 6 and we have a 15 month old and a baby due in july. His daughter is no longer in daycare, her mom is finally drawing an income and he has other children to support. Wouldn't it be fair to say that it could be lowered? I have filled out a work sheet supplied by the DCSE and according to that it should be somewhere around $250 -$300. Should we have a lawyer if we do decide to try to get it lowered? I appreciate any info!!!

What you "feel" is irrelevant. You are not a party to the court order, and COs don't go by "feelings," anyway.

VA is an Income Shares state, off gross income.

His subsequent children were his choice, knowing he had a child to care for already. I am not sure if VA gives credit for subsequent kid/s, but general wisdom says that the first child/ren should not be deprived because a parent keeps having more kid/s.

 

[bbypics]

Thank you for such nice words.

I am not saying to deprive my step daughter, I love her as much as I love my own. She has no wants and probably has more than my children ever will, and still makes comments that "mommy said daddy needs to give her more money so I can....". My husband and I are not having our children so we can take away from his daughter, or deprive her of anything.

 

[Silverplum]

Thank you for such nice words.

I am not saying to deprive my step daughter, I love her as much as I love my own. She has no wants and probably has more than my children ever will, and still makes comments that "mommy said daddy needs to give her more money so I can....". My husband and I are not having our children so we can take away from his daughter, or deprive her of anything.

I'm just giving you the legal line, honey. Take it or leave it.

 

[Silverplum]

Oh, and another "legal line" is this: There is no WE in this situation. I already told you that before, "nicely," but since it's right in the title, I thought I'd clear that right up.

HE can go back to court.
HE can discuss it with HIS X about HIS daughter.
HE can hire a lawyer.

See how it works now?

 

[MrsK]

If his income has increased very little, and he no longer gets overtime, plus factors like the child is no longer in daycare & mom gets paid- it is probably worth a try to get it reduced. Your children may or may not make difference, but if the worksheets are showing a reduction, I'd get with a lawyer & double check & if it seems there will be a reduction in order, go for it!

Do you know what mom approximately makes?

 

[bbypics]

She makes approximatly 35,000-40,000 a year.

 

[MrsK]

She makes approximatly 35,000-40,000 a year.

Ok, run the numbers of your husbands income along with hers (I'd use the lower quote) and see what you come up with, and then ask an atty to double check it, and see what he says and then your husband can decide if he wants to file for a reduction.

Good luck.

 

[bbypics]

Thank you,

One more question, would the case be heard in the county it was originally heard in? Reason I am asking is that she and her mom have recently moved to another county. My husband would like to have it heard in that county because her mom used to work as a court clerk in the juvenile and domestic court in our county and used to assist the judge.

 

[elf]

I don't know if the laws are the same for your state, but I know that in the state of CO that if either party has a change of circumstances (employment, child care) that affects thier income and it would change the child support by 10% then you can file to modify the support .
"If there has been a “substantial and continuing” change in circumstances, then you may file for a modification. The change in circumstances must amount to a 10% increase or decrease in the current child support order."

 

[Silverplum]

I don't know if the laws are the same for your state, but I know that in the state of CO that if either party has a change of circumstances (employment, child care) that affects thier income and it would change the child support by 10% then you can file to modify the support .
"If there has been a “substantial and continuing” change in circumstances, then you may file for a modification. The change in circumstances must amount to a 10% increase or decrease in the current child support order."

Elf. Elf, elf, elf.

You are a question ASKER at this point in your FA membership. Not a question ANSWERER. I can tell, because you answered incorrectly.

Every state has their own laws. What happens in Colorado matters not at all in VA. What's more, the question has been answered, and all you have done is muddy the waters for the OP.

 

[MrsK]

Thank you,

One more question, would the case be heard in the county it was originally heard in? Reason I am asking is that she and her mom have recently moved to another county. My husband would like to have it heard in that county because her mom used to work as a court clerk in the juvenile and domestic court in our county and used to assist the judge.

I *think* (and I could totally be wrong, so someone feel free to correct me if I am) that if one parent is still living in the county, it retains jurisdiction.