Divorce Modification

[koshidog]

What is the name of your state (only U.S. law)? MD

I am going back to court to ask the Judge to alleviate me of my contributions to my children’s college fund. I voluntarily agreed to contribute to my children’s college fund in my divorce agreement (4 years ago when I was making 35% more in salary). However, my CS is calculated on my ex’s part time work. This unfair calculation makes my payment $350 more per month. Because she is remarried into wealth, she chooses to work part time.

I sent a letter to her and her lawyer asking them that since she receives more then she is supposed to receive, and since she does not have to worry about financial bills (she admitted in court that her wealthy husband pays her bills and lives in a multi-million dollar home with my children) if I could use her overpayment for my children’s monthly college fund contribution. I received their response back and not only did they not acknowledge my request to mediate, the lawyer said if I did not show that my contributions were up-to-date, that I would be taken to court for contempt.

Will the Judge see my side of this issue since my overpayment of $350 per month is preventing me from contributing to the college fund and putting me in a financial hardship? If the CS were based on her full-time work, I would not be having a problem making the college fund contribution.

Also, my ex is a physician and always worked full time during our marriage and is capable of earning a much larger salary. I think this is unfair that my children have to suffer because I have to pay my ex more because she does not want to work and wants to put me in the poor house.

I appreciate any advice you can give me since I am doing this pro se. Thank you.

 

[Ohiogal]

What is the name of your state (only U.S. law)? MD

I am going back to court to ask the Judge to alleviate me of my contributions to my children’s college fund. I voluntarily agreed to contribute to my children’s college fund in my divorce agreement (4 years ago when I was making 35% more in salary). However, my CS is calculated on my ex’s part time work. This unfair calculation makes my payment $350 more per month. Because she is remarried into wealth, she chooses to work part time.

I sent a letter to her and her lawyer asking them that since she receives more then she is supposed to receive, and since she does not have to worry about financial bills (she admitted in court that her wealthy husband pays her bills and lives in a multi-million dollar home with my children) if I could use her overpayment for my children’s monthly college fund contribution. I received their response back and not only did they not acknowledge my request to mediate, the lawyer said if I did not show that my contributions were up-to-date, that I would be taken to court for contempt.

Will the Judge see my side of this issue since my overpayment of $350 per month is preventing me from contributing to the college fund and putting me in a financial hardship? If the CS were based on her full-time work, I would not be having a problem making the college fund contribution.

Also, my ex is a physician and always worked full time during our marriage and is capable of earning a much larger salary. I think this is unfair that my children have to suffer because I have to pay my ex more because she does not want to work and wants to put me in the poor house.

I appreciate any advice you can give me since I am doing this pro se. Thank you.

The $350 is NOT an overpayment if you are court ordered to pay that amount. You may believe it is unfair however that does not mean it is an overpayment. On what are you basing her full time work? Are you sure YOUR contribution would then decrease?

 

[koshidog]

When I use the MD CS calculation and put in my current salary and her salary she made during the marriage the payment is reduced by $350. Right now the CS calculation if based on her working 2 days per week. I also went on the Department of Labor website to make sure that the salary I was using for her was accurate for her particular field of expertise and where she lives.

You are correct by saying the $350 is not an overpayment since it is court ordered; however, I don't think a Judge would allow me to only work 2 days per week without imputing my salary for the sake of calculating CS.

I'm hoping a Judge will consider that because this is creating a financial hardship that the will alleviate me of the college fund contribution.

Thank you for any responses.

 

[LdiJ]

When I use the MD CS calculation and put in my current salary and her salary she made during the marriage the payment is reduced by $350. Right now the CS calculation if based on her working 2 days per week. I also went on the Department of Labor website to make sure that the salary I was using for her was accurate for her particular field of expertise and where she lives.

You are correct by saying the $350 is not an overpayment since it is court ordered; however, I don't think a Judge would allow me to only work 2 days per week without imputing my salary for the sake of calculating CS.

I'm hoping a Judge will consider that because this is creating a financial hardship that the will alleviate me of the college fund contribution.

Thank you for any responses.

You might be able to get a modification to remove the requirement that you contribute to a college fund. However, you also might be able to get child support modified based on her being imputed a full time salary also.

 

[koshidog]

I appreciate your comments.

Do you think there is anything in particular I can say to the Judge to help my case succeed? I certainly don't want to sound like I'm whining that she doesn't work F/T, and it's really not my business if she works or not. She is fully capable of earning a F/T physician's salary and merely chooses not to because of her wealthy social status. Isn't there supposed to be an equitable allocation of standard of living between her household and mine? I don't think it's fair that I could lose my home by being forced to continue paying the CS amount that is based on her P/T work, while she enjoys living in a multi-million dollar house with housekeepers and nannys without paying any mortgage.