responding to a petition

My x wants a raise in the child support.At the moment,she is getting more than she should because I agreed to that at the divorce.Now she is using some creative numbers to justify an even larger increase.I need to respond to her petition by 20 days.I can prove that it should be lower than it is now.Since she's using the xtra money to buy herself toys,I want to get it lowered to where it should be.Should I respond to the petition with a counterclaim?,and just how should I respond to the original petition?
Sorry for being so longwinded Don C Florida

Hey Don- You can E-me at PapaSurf@BVImailbox.com
If it doesn't go, post back here, OK?
-PS

File an answer to her petition and a counter petition to reduce the CS. This will put the judge on notice that you think she's cooked the numbers and that you should be paying less. Be sure to offer your own numbers (for both of you) and be prepared to back them up with clear and convincing evidence. Attack her numbers HARD. Courts tend to be a little biased against non-custodial parents when deciding whose financial claims to believe. The court will probably 'split the baby' and just leave the CS where it is.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

Papa smurf,my x wants more child support for my son .In the original divorce/ support

guide lines,I would have had to pay $100 less.I settled with her for the 100 more
in order to
avoid lengthy court battles and to preserve some favorable conditions
for my behalf.
Now she wants more .Here's what she trying to do.She went back 6 months
of
paychecks and found one from Feb. with 17 hours overtime.Now she's multiplying
that
take home by 26 (pay periods) and dividing that by 12 and coming up with
a huge net
pay.I've already got paychecks to reflect that that was a special project
and I have
a letter from my boss that no more overtime will be paid this year.So,my
figures
show that I should be paying $80 less.I want to get it lowered.Do I counter
the petition
with my own? And how do I respond to the original petition,do I address
the judge
and tell my side with my figures? I know her attorney gets a copy.Do
I tell all to
her attorney.I would like a day in front of the judge to discuss other
issues. Thanks
in advance,


Don C

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by DonFL:
[b]Papa smurf,my x wants more child support for my son .In the original divorce/ support

guide lines,I would have had to pay $100 less.I settled with her for the 100 more
in order to
avoid lengthy court battles and to preserve some favorable conditions
for my behalf.
Now she wants more .Here's what she trying to do.She went back 6 months
of
paychecks and found one from Feb. with 17 hours overtime.Now she's multiplying
that
take home by 26 (pay periods) and dividing that by 12 and coming up with
a huge net
pay.I've already got paychecks to reflect that that was a special project
and I have
a letter from my boss that no more overtime will be paid this year.So,my
figures
show that I should be paying $80 less.I want to get it lowered.Do I counter
the petition
with my own? And how do I respond to the original petition,do I address
the judge
and tell my side with my figures? I know her attorney gets a copy.Do
I tell all to
her attorney.I would like a day in front of the judge to discuss other
issues. Thanks
in advance,


Don C[/b]<HR></BLOCKQUOTE>

Don. Don't say anything to her attorney, she's paying the attorney to work for her. How did she get those paychecks? Anyway, Of Course, Tracey is correct, as always, You've got to ATTACK those numbers, with your own. and with luck, there's may be a lowering of the support, but don't count on it. (Maintain the "status quo" in the best interest of the kid(s).
The other issues may be brought up, her attorney will object, as they are there for the support increase, but you might be heard, especially if her attorney feels that she didn't tell her/him that ex- knew it was just for a short project.
In the states that I've dealt with, short term increases in payroll hasn't led to increases in support orders, and Florida shouldn't do this either. The effect that it would have would force more parents to continue overtime, and second jobs to make ends meet. Reasoning is that you have the "potentional" to have a greater income. I guess we all do then, and for whatever is left, after the support, we should buy lottery tickets, as we have the "potentional" for a windfall. If the judgement turns against you, you may appeal to the Child Support Enforcement Division, they do work with both sides. Good Luck-PS