upward motifying of child support

What is the name of your state? RI. I need to raise my child support payments. it has been more than 7 years since court order, non-custodial parent is earning alot more, but i am in need of self filling help.

[tigger22472]

Can I ask you a question? Does the NCP pay their support? Does the NCP see the child and have a relationship with the child?
Are you able to survive with what the NCP gives you now or are you just wanting a modification because NCP makes more money now?

[VeronicaGia]

Also, do you work? Is your income higher then it was seven years ago?

yes the ncp pays and has a relationship with child, but recently our rent has gone up a large amount. i am in the process of filing for bankruptcy, and due to child care and lack of overtime where i work i can not make up the increase on my own at this time. i work 40 hours a week now.

Originally posted by Kbac1113
yes the ncp pays and has a relationship with child, but recently our rent has gone up a large amount. i am in the process of filing for bankruptcy, and due to child care and lack of overtime where i work i can not make up the increase on my own at this time. i work 40 hours a week now.

Okay...so because your ex makes more money and your rent went up, you want your ex to pay more CS? I really don't think it's your ex's problem if the cost of living went up for you. If he is a good dad, and pays his CS regularly...why rock your boat????

I live in California, so I don't know any specifics about your state. However, most counties have a local Legal Aid office, funded for the most part by donations from local attorneys. In my county, the Legal Aid office offers free to low-cost monthly seminars in custody and family law, child support, and other such areas. You should look in your local phone book for Legal Aid. If you can't find a listing, look for the telephone number for the local Bar Association.

Seven years is a long time to go without any modification to child support. Living expenses have gone up. It seems that a re-evaluation of your income and your ex's income, would be a sensible thing. Seven years ago, $50 went a lot further at the grocery store than it does today. The cost of housing is also much higher now than seven years ago.

Check out the resources on-line for court forms. In my state, I go to the website for the Judicial Council of California - they have forms that can be downloaded. Your state would likely have something similar. Your local court may also have a website, many do these days. They may also have forms you can download and fill in. And finally, check out your local bookstore or library. Nolo Press offers many self-help legal books, and you may find some of great help in regards to modifying child support.

You are truly a patient MOM! The previous poster stated just because your cost of living has gone up and the Dad makes more money is no reason for him to have to pay more..lol..well thats what its all about. The COST to raise children has increased in the last seven years. I cant see you having a problem in any state having a modification enforced. Check out your Dept of Revenue state site..look for Child Support Modifications, read up on the law in your state. If you are not comfortable doing it yourself, go let Child Support Enforcement do it for you. They are slow as Christmas but they may get around to it. Legal Aid in Florida is a total joke, it may be better in RI. Do an Internet search for divorce forms...child support...modification. See if you can handle preparing and filing your forms yourself. Best of luck to you..wow..seven years!! I cant believe it!

[stealth2]

Of course, it's impossible to know whether NCP's income has increased sufficiently to make any substantial difference in the amount of CS. I'd do those calculations first, to see if the time/effort/expense is worth it.

Check with your state. You may find that if one parent has a substantial increase or decrease in annual income you will be able to modify your child support. Keep in mind though, you may have to go back to court to get this modified -- which in turn, cost you up front and does not gaurantee a raise in your child support. If you are need of this support only on a temporay basis, try explaining to the one paying CP now that you could use and would appreciate his help in keeping up with child care expenses and etc. on a temporary basis until you get your finicial situation back under control. Put the agreement and dates (starting from and ending on...) in writing and be sure to file this with the court to ensure security on both of your ends. There are also many other ways to obtain temporary income or help with living costs and child care costs. It may be best for to start researching other ways rather than falling back on your ex.

To everyone who took the time to reply, thank you for your thoughts of support and ideas on my problem. I will let you know what happened.