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Child Support Modification

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A

ALITY

Guest
What is the name of your state? Illinois

I asked for modification for child support for the first time in almost 11 years last Oct. 2003. Now that 2004 is here-my daughter's father is using his 2003 tax return as a determination of income. He bought into a business which recorded a loss in 2003 and also pays all his health insurance including hers. This totals over $8,000 in premiums. Also since her birth I have had the state of Illinois handle the matters and he pays through IDPA. My husband and I have carried her on the insurance we have and the father has never provided the insurance card or policy information. I wonder if he is still required to do that if we have insurance. That amount he pays for her is deducted from his gross income and we don't use it. He also recorded a loss as income and the payments were supposed to be $299 per week and now with the 2003 return used rather than the 2002 used it is now $190 a week. He provides nothing else for her other than this support. It is hard for me to believe that this support would only go up from $157 a week to $190 a week after 10 years. I wanted to see if I can do an average of income instead of using the one year of salary reflecting these losses. I have an attorney with this but he doesn't seem to know much. He doesn't recognize some of the forms on the tax return and that worries me. He also claims her as a dependent and isn't paying the bulk of what she needs and uses. If anyone has any knowledge of self employment deductions, health insurance (I read both where he can deduct all the insurance and also only deduct hers). And if anyone thinks that I should ask for an average income rather than this one year as a start up business income. Thanks so much.
 


H

haiku

Senior Member
your post was little confusing, but I will give you some info and hope it helps.

whether or not health ins. has anything to do with you, it is still a legal tax deduction for him, that he can take before his income is figured for tax, and child support purposes.

if he is court ordered to be primary ins. carrier, and has ins. he is required to give you the info so you can use that ins. properly.

In my experience as a self employed person, in MY state, usually the court likes to see 3 years past income tax returns, with profit and loss statements current to the court date. All bank statements, and a current financial statement fromt he court. This will give the court an average to base the child support on.

If all the court order says is required of him, is child support that IS all thats required of him.

If it is court ordered he receive the deduction, than he receives the deduction. if YOU make more than 20,000 a year you may want to ask the court for a modification and ask that you alternate years for the childs deduction.
 
V

VeronicaGia

Senior Member
ALITY said:
What is the name of your state? Illinois

I asked for modification for child support for the first time in almost 11 years last Oct. 2003. Now that 2004 is here-my daughter's father is using his 2003 tax return as a determination of income. He bought into a business which recorded a loss in 2003 and also pays all his health insurance including hers. This totals over $8,000 in premiums. Also since her birth I have had the state of Illinois handle the matters and he pays through IDPA. My husband and I have carried her on the insurance we have and the father has never provided the insurance card or policy information. I wonder if he is still required to do that if we have insurance. That amount he pays for her is deducted from his gross income and we don't use it. He also recorded a loss as income and the payments were supposed to be $299 per week and now with the 2003 return used rather than the 2002 used it is now $190 a week. He provides nothing else for her other than this support. It is hard for me to believe that this support would only go up from $157 a week to $190 a week after 10 years. I wanted to see if I can do an average of income instead of using the one year of salary reflecting these losses. I have an attorney with this but he doesn't seem to know much. He doesn't recognize some of the forms on the tax return and that worries me. He also claims her as a dependent and isn't paying the bulk of what she needs and uses. If anyone has any knowledge of self employment deductions, health insurance (I read both where he can deduct all the insurance and also only deduct hers). And if anyone thinks that I should ask for an average income rather than this one year as a start up business income. Thanks so much.
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If he is court ordered to carry the insurance, then he is complying with the court order. If you want to get this changed so that YOU are court ordered to carry the insurance, then try to do so. Until then, he has every right.

You also say he is now ordered to pay $190/week in child support. That is a lot of money! $760/month? And then you say he "isn't paying the bulk of what she needs and uses"? You are also required to support the child. He is not required to pay "the bulk" both of you are responsible for the financial support of the child. If you still cannot support the child with his $760 a month, plus your portion, maybe you need to figure out what you're wasting so much money on, and realize that child support is to cover the basic needs of the child, not the childs wants, not $200 shoes, etc.

Realize that his child support is $9880 a year, plus the insurance you mention above which is $8,000 a year, that's $17,880 a year! Some entire families live on less than that.
 
A

ALITY

Guest
Realize that his child support is $9880 a year, plus the insurance you mention above which is $8,000 a year, that's $17,880 a year! Some entire families live on less than that.

Yes I do realize what he pays. The insurance is for him and his son and he deducts it from his income before the child support is figured. We also pay $800 a month in insurance for her and the rest of my family. He doesn't need to cover her as I will not let him be responsible for that as he never has shown to be responsible. I will have to ask the court to remove that liability from him. So the support from him to her is not $17,880 a year more around $10,000 a year which is still a lot. It's not my fault that he chose an eye doctor as his career. And her shoes come Payless not $200. She is just very involved in sports and school related things that cost $$.
 
A

ALITY

Guest
haiku said:
your post was little confusing, but I will give you some info and hope it helps.

whether or not health ins. has anything to do with you, it is still a legal tax deduction for him, that he can take before his income is figured for tax, and child support purposes.

if he is court ordered to be primary ins. carrier, and has ins. he is required to give you the info so you can use that ins. properly.

In my experience as a self employed person, in MY state, usually the court likes to see 3 years past income tax returns, with profit and loss statements current to the court date. All bank statements, and a current financial statement fromt he court. This will give the court an average to base the child support on.

If all the court order says is required of him, is child support that IS all thats required of him.

If it is court ordered he receive the deduction, than he receives the deduction. if YOU make more than 20,000 a year you may want to ask the court for a modification and ask that you alternate years for the childs deduction.
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I think I will ask the attorney for three years of income rather than this one year where he is showing a loss to base it on. Since I filed in 2003 he was supposed to use to use 2002 and stalled until 2004 so he could use the self employment for 2003. So if he can ask the judge to average that might be the most fair way of doing the support.
 
V

VeronicaGia

Senior Member
Sports and school related things are not basic needs of the child. Many children do just fine without them, however, food and shelter ARE basic needs of the child. $10,000 a year is a lot of money, plus your $10,000 a year...

What would you do if the guy made $8.00 an hour before taxes?
 
A

ALITY

Guest
VeronicaGia said:
Sports and school related things are not basic needs of the child. Many children do just fine without them, however, food and shelter ARE basic needs of the child. $10,000 a year is a lot of money, plus your $10,000 a year...

What would you do if the guy made $8.00 an hour before taxes?
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That's what we are doing now. My husband was let go of his white collar cushy job where he made 6 figures due to downsizing. He decided to go back to school to become a paramedic and is totally switching careers and guess what? He makes $8.00 an hour for an ambulance service while he goes to school. I realize what basic needs are for children...food, shelter and clothing. But most parents supply things for their kids up and beyond what is required by the courts. He does not! That's all I'm trying to say is that he does nothing other than what he has to.
 
M

Meursault

Guest
And simply put, he doesn't have to. You are married. This is either an issue between you and your current husband or the courts.

But, a support modification based on your post is like pissing in a hurricane. There's no way not to get soiled.
 
A

ALITY

Guest
Meursault said:
And simply put, he doesn't have to. You are married. This is either an issue between you and your current husband or the courts.

But, a support modification based on your post is like pissing in a hurricane. There's no way not to get soiled.
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I'm basing my support modification on that there hasn't been one in 10 years. I am more than happy to pay for the things that my daughter needs and have never asked him for jack. Oh and he just gave me copies of the insurance cards that I have asked about for 10 years. Her birthday is next week and wants to know her size to get her a shirt.
 
A

ALITY

Guest
Meursault said:
And simply put, he doesn't have to. You are married. This is either an issue between you and your current husband or the courts.

And I know he doesn't have to just saying that you think he would want to. Funny how that is parents do things because they want to. Not him.
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A

ALITY

Guest
$10,000 a year is a lot of money, plus your $10,000 a year...

Yes my $10,000-well considering our house payment is $900 a month, and our insurance is $800 a month. Then I have the clothing, food, sports, school, band, etc etc etc. That kind of eats up my $10,000.
 
H

haiku

Senior Member
ALITY said:
$10,000 a year is a lot of money, plus your $10,000 a year...

Yes my $10,000-well considering our house payment is $900 a month, and our insurance is $800 a month. Then I have the clothing, food, sports, school, band, etc etc etc. That kind of eats up my $10,000.
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uh no....your analogy is WRONG, his child support is HALF the childs needs, you come up with the other 10,000.

Neither 10,000 contribution is technically supposed to support YOU. So yes, you are supposed to come up with money over and above the 20,000 per your combined incomes the court says it takes to raise your child, a year. to contribute to the mortagage, ins, and other costs associated with living.

As custodial you DO get a financial break, to reflect the extra costs of actually being the one to house the child,before they start even counting your income, if at all.

your ex also has to pay mortgage and ins. costs, after he also pays you his 10,000, so I don't see where he gets a better deal than you? sounds like you are in the same boat...
 
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A

ALITY

Guest
haiku said:
uh no....your analogy is WRONG, his child support is HALF the childs needs, you come up with the other 10,000.

Neither 10,000 contribution is technically supposed to support YOU. So yes, you are supposed to come up with money over and above the 20,000 per your combined incomes the court says it takes to raise your child, a year. to contribute to the mortagage, ins, and other costs associated with living.

As custodial you DO get a financial break, to reflect the extra costs of actually being the one to house the child,before they start even counting your income, if at all.

your ex also has to pay mortgage and ins. costs, after he also pays you his 10,000, so I don't see where he gets a better deal than you? sounds like you are in the same boat...
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I don't see my financial break but that doesn't matter. They don't use my income to determine anything to do with support. I stay at home with my kids and don't work. I never said he got a better deal. No matter what he loses, as he doesn't see her or call her but once or twice a year at her urging so he loses. Financials aside I have the better "deal".
 
N

nextwife

Senior Member
Exactly. The CS is intended to cover HIS SHARE of the ADDITIONAL cost that having those children in your household brings. WE all pay rent, utilities and transportation costs whether we have kids or not. THAT is not a child support expense. My mortgage payment didn't INCREASE when I got my daughter, I payed the same mortgage and property taxes, heat, electric and so on as when my child was not here. Same with car payments and auto insurance (at least until THEY start driving), we have that expense ourselves before kids. That is something we, as adults, are expected to cover for ourselves, that is us supporting us.
 
A

ALITY

Guest
nextwife said:
Exactly. The CS is intended to cover HIS SHARE of the ADDITIONAL cost that having those children in your household brings. WE all pay rent, utilities and transportation costs whether we have kids or not. THAT is not a child support expense. My mortgage payment didn't INCREASE when I got my daughter, I payed the same mortgage and property taxes, heat, electric and so on as when my child was not here. Same with car payments and auto insurance (at least until THEY start driving), we have that expense ourselves before kids. That is something we, as adults, are expected to cover for ourselves, that is us supporting us.
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Yes I know what you mean about this. But I don't work and part of the child support is paying for maintaining the house and also for her college education later on. I know that what he pays is enough to cover her expenses but I also know that I can ask for a modification in that amount as well. Her costs are increasing as she gets older.
 
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