When do you ask for up in CS?

[sahmof3andhalf]

What is the name of your state? Indiana

I live in NY currently but divorce/CS/custody all in Indiana. Current order made with divorce in 2001, he pays $600 for 2 children, almost 10 and 6. He keeps them on his medical insurace as primary coverage, and anything over $1,000 medically/dental we split. Although I have secondary insurance we have never had to pay that out of pocket.

Well, my oldest son has taken up clarinet, and would like to start tae-kwon-do, along with a hip hop dance class. Clarinet is $40 a month, plus classes, karate is $45 a month, and the dance is $35 a month, not including costumes/etc...I'm sure anyone with kids know these fees. My youngest has started soccer which was $85 plus shoes, etc...he also wants to start baseball.

Now at the time of the divorce and orginal order he was working a job making $12.00 an hour, he has since (2003) married, and is a police officer now. I'm still a stay at home mom, as I was when we divorced, but I am remarried as well. He did 2005 try for full custody of the boys but it didn't even make it to court b/c I moved legally, and he wasn't involved with them much untll 2004. Anyways, after lawyers got involved and mine requested his w-2's etc.. his income has greatly increased. He's bought a new SUV, house, boat, etc.

My ? is - do most people ask courts to increase CS with income increases? How do you do that? We are on good terms and talk often, I have full physical custody with him having kids 1 wk at spring, 1 wk at xmas and 7 wks in summer, and I have to say that when I have asked him for a little extra money for orthodontist payment once - and hte soccer uniform he did send me a check for part of it. I just would feel better if stuff came through the courts.

 

[fairisfair]

http://www.in.gov/judiciary/childsupport/

run the numbers and if it makes sense, file for a modification

http://www.in.gov/judiciary/rules/child_support/#g3

 

[sahmof3andhalf]

it would increase about $150 monthly I guess. Do you need a lawyer to do this?

 

[fairisfair]

it would increase about $150 monthly I guess. Do you need a lawyer to do this?

No, but it would sure make it a heck of a lot easier.

 

[fairisfair]

forms are here as well:

http://www.in.gov/judiciary/childsupport/

 

[LdiJ]

What is the name of your state? Indiana

I live in NY currently but divorce/CS/custody all in Indiana. Current order made with divorce in 2001, he pays $600 for 2 children, almost 10 and 6. He keeps them on his medical insurace as primary coverage, and anything over $1,000 medically/dental we split. Although I have secondary insurance we have never had to pay that out of pocket.

Well, my oldest son has taken up clarinet, and would like to start tae-kwon-do, along with a hip hop dance class. Clarinet is $40 a month, plus classes, karate is $45 a month, and the dance is $35 a month, not including costumes/etc...I'm sure anyone with kids know these fees. My youngest has started soccer which was $85 plus shoes, etc...he also wants to start baseball.

Now at the time of the divorce and orginal order he was working a job making $12.00 an hour, he has since (2003) married, and is a police officer now. I'm still a stay at home mom, as I was when we divorced, but I am remarried as well. He did 2005 try for full custody of the boys but it didn't even make it to court b/c I moved legally, and he wasn't involved with them much untll 2004. Anyways, after lawyers got involved and mine requested his w-2's etc.. his income has greatly increased. He's bought a new SUV, house, boat, etc.

My ? is - do most people ask courts to increase CS with income increases? How do you do that? We are on good terms and talk often, I have full physical custody with him having kids 1 wk at spring, 1 wk at xmas and 7 wks in summer, and I have to say that when I have asked him for a little extra money for orthodontist payment once - and hte soccer uniform he did send me a check for part of it. I just would feel better if stuff came through the courts.

While you have every right to file for an increase are you sure that you want to go there at this point?

If you do, you are likely to lose the good terms that you are currently on....and maybe even will have to deal with further custody battles.

I am not saying that you shouldn't ask for an increase....only that if you do that you consider all of the ramifications first. Most people live on a fairly tight budget and you could panic him into all kinds of stuff/attitudes. Again, you do have every right to petition for a modification. Enough time has passed since the original order was written and his income has obviously increased significantly. Just make sure that you are prepared to deal with the downside of the whole situation.

 

[fairisfair]

a hundred and fifty bucks a month is alot of happy smiley faces!

I do agree with you though Ldij, OP maybe you might consider having a modification asking for him to pay for half the extra curricular activities instead, course, from what you are saying, that could well be more than the $150. and I doubt he would agree considering that you could always go back later and file for the increase anyway.

 

[Ohiogal]

What is the name of your state? Indiana

I live in NY currently but divorce/CS/custody all in Indiana. Current order made with divorce in 2001, he pays $600 for 2 children, almost 10 and 6. He keeps them on his medical insurace as primary coverage, and anything over $1,000 medically/dental we split. Although I have secondary insurance we have never had to pay that out of pocket.

Well, my oldest son has taken up clarinet, and would like to start tae-kwon-do, along with a hip hop dance class. Clarinet is $40 a month, plus classes, karate is $45 a month, and the dance is $35 a month, not including costumes/etc...I'm sure anyone with kids know these fees. My youngest has started soccer which was $85 plus shoes, etc...he also wants to start baseball.

Now at the time of the divorce and orginal order he was working a job making $12.00 an hour, he has since (2003) married, and is a police officer now. I'm still a stay at home mom, as I was when we divorced, but I am remarried as well. He did 2005 try for full custody of the boys but it didn't even make it to court b/c I moved legally, and he wasn't involved with them much untll 2004. Anyways, after lawyers got involved and mine requested his w-2's etc.. his income has greatly increased. He's bought a new SUV, house, boat, etc.

My ? is - do most people ask courts to increase CS with income increases? How do you do that? We are on good terms and talk often, I have full physical custody with him having kids 1 wk at spring, 1 wk at xmas and 7 wks in summer, and I have to say that when I have asked him for a little extra money for orthodontist payment once - and hte soccer uniform he did send me a check for part of it. I just would feel better if stuff came through the courts.

Okay a few things.. did you calculate medical into this? Is he paying the first 1000 or you are? Are you figuring his spouse's income into this calculation because hers does not count. It could also have something to do with how they have managed to get all the stuff. The stuff kids are involved in is supposed to be paid out of child support but just because they are joining more activities does not mean dad has to get his child support increased.
Bear in mind that you may be overestimating what you would be getting.
Now if you are sure of the numbers and you are willing to risk the negative ramifications that Ldij and fairisfair mentioned, you might try for it unless the order was modified in 2004. Then you haven't waited nearly enough time.

 

[nextwife]

I'm still a stay at home mom, as I was when we divorced, but I am remarried as well. He did 2005 try for full custody of the boys but it didn't even make it to court b/c I moved legally, and he wasn't involved with them much untll 2004. Anyways, after lawyers got involved and mine requested his w-2's etc.. his income has greatly increased. He's bought a new SUV, house, boat, etc.

And if YOU generated an income, that may also have greatly increased.

The CS calculations in Indiana can include BOTH parents earnings. If you are choosing to be voluntarily unemployed, he could ask that an income be imputed to you in the calculations.
http://www.in.gov/judiciary/selfservice/forms/support_mod.html

 

[LdiJ]

Okay a few things.. did you calculate medical into this? Is he paying the first 1000 or you are? Are you figuring his spouse's income into this calculation because hers does not count. It could also have something to do with how they have managed to get all the stuff. The stuff kids are involved in is supposed to be paid out of child support but just because they are joining more activities does not mean dad has to get his child support increased.
Bear in mind that you may be overestimating what you would be getting.
Now if you are sure of the numbers and you are willing to risk the negative ramifications that Ldij and fairisfair mentioned, you might try for it unless the order was modified in 2004. Then you haven't waited nearly enough time.

Cops in Indiana make a lot more than 12 bucks an hour....and that is what she said that the current order is based on....and she is paying the first 1000.00 of non insured medical expenses (that is how the Indiana Guidelines work..the cp has to pay a significant chunk of non-reimbursed medical expenses before the percantages kick in) which also indicates that she was imputed a decent income herself unless the calculation was based on real income at the time.

 

[sahmof3andhalf]

How it was calculated was 10% given to him b/c he was suppossed to get them every other weekend, but it never happened and now I live far away. It was calculated in the original amount that he paid the medical insurance, and they did give me an income, they have me down as if 100% is total monies to take care of children, his income supplied 87% and me 13%, I was a stay at home mom while married to him, and I continue to be a sahm now. The order was not touched in 2004, but I know he told me his lawyer told him if I started working he would have to help pay child care costs, but since I'm staying home he's never had to help pay any extra of that. I do pay the first 1,000 medical costs, and after that is met we split 1/2. And I am not counting her income, I know she makes about 40,000 yearly, but I didn't add that in. Only his wages as a PD officer, and i still put myself as earning $6.00 which is 0.50 more then they calculated in 2001 at original order.

 

[Ohiogal]

Cops in Indiana make a lot more than 12 bucks an hour....and that is what she said that the current order is based on....and she is paying the first 1000.00 of non insured medical expenses (that is how the Indiana Guidelines work..the cp has to pay a significant chunk of non-reimbursed medical expenses before the percantages kick in) which also indicates that she was imputed a decent income herself unless the calculation was based on real income at the time.

I wasn't debating how much cops earn. My question was geared toward her automatic statement that she would get $150 more a month. I wanted to make sure she wasn't calculating it with faulty numbers (such as adding the spouse's income which more than one CP on here has done or tried to do).

 

[haiku]

Personally, 150 dollars may not be worth the animosity and hurt that may come from a new court issue.

I would weigh that can of worms twice before I opened it.

I think a parent is more willing to give "extra" when they know where it is going and can be a part of it.

"little johnny loves his guitar lesson so much, I found a more advanced class, do you think we could pitch in for it, TOGETHER?" Works much nicer in most normal relationships than "you make more money now, so I want it for what ever I want to spend it on, and you have no idea...."

 

[nextwife]

Personally, 150 dollars may not be worth the animosity and hurt that may come from a new court issue.

I would weigh that can of worms twice before I opened it.

I think a parent is more willing to give "extra" when they know where it is going and can be a part of it.

"little johnny loves his guitar lesson so much, I found a more advanced class, do you think we could pitch in for it, TOGETHER?" Works much nicer in most normal relationships than "you make more money now, so I want it for what ever I want to spend it on, and you have no idea...."

I grew up in an "intact family". When I wanted to get signed up for, or begin a new activity that required MONEY, I went to my dad and ASKED him.

"Dad, I know Im already doing A, but I'd REALLY like to also do B". It costs X dollars. Is that ok??"

Instead of making unilateral decisions and THEN asking dad for money, maybe your kids should be discussing their interests with dad and involving him in ther selection of activities, if he is to pay. I know that in married families, kids don't just tell their parent "THIS is what I'm doing, pay for it!", they ASK first! I know I was only allowed a certain number of activities at a time. If I wanted to add one, I needed to drop another.

Dad would probably be more willing to pay for activities he and his child select together.

 

[sahmof3andhalf]

I grew up in an "intact family". When I wanted to get signed up for, or begin a new activity that required MONEY, I went to my dad and ASKED him.

"Dad, I know Im already doing A, but I'd REALLY like to also do B". It costs X dollars. Is that ok??"

Instead of making unilateral decisions and THEN asking dad for money, maybe your kids should be discussing their interests with dad and involving him in ther selection of activities, if he is to pay. I know that in married families, kids don't just tell their parent "THIS is what I'm doing, pay for it!", they ASK first! I know I was only allowed a certain number of activities at a time. If I wanted to add one, I needed to drop another.

Dad would probably be more willing to pay for activities he and his child select together.

I understand completely what you mean by that. It is hard for that to happen only b/c dad isn't near us, he can't come to soccer games, band performances, baseball practices, see them in uniforms, etc.... I would of course limit activities that interferred w/ schoolwork, home time, family functions, etc...or not let them do "too" many things.

But I have made a decision not to file for modification, opening a new can of worms being the main reason. I don't want to harm the relationship that we have as parents now, or the relationship he has with the boys.
Thank you for your advice.