upping child support

What is the name of your state? IL

I have a simple question: My wife's divorce decree states that her ex-husband has to pay a certain amount of support per month. That was 9 years ago. We have had to argue with him about upping the support to his current level of pay. He has done so, sometimes, but is now balking at upping his level again. The decree states that he pay 20% of net income. He gave us his W-2 and last pay stub. We calculated the amount he owes, deducting Fed Tax, SS, Medicare, IL tax, etc. He refuses to pay that amount, and says that he should only pay the amount that it states in the decree. We are trying to not take him to court to say money for both of us and not hurt the child. However, it is looking like we may have to do just that. My question is, is he obligated to raise his support each year to 20% of net income? If we have to take him to court, can we get him for court cost and attorney fees? Can we go to mediation to save money?

First off, there is no "we" here. You are not a party to the action, only your wife is.

Your wife needs to read the court order carefully. Does it specifically state that he is to increase or decrease child support based upon 20% of his net income? Or does it say something to the effect that as of the court order, child support is set at 20% of his net pay?

If you can, type the wording in the order word for word.

If that is what she expects annually, does that mean she also expects him to annually adjust it downward and pay 20% of that income if his income drops?

upping support

Actually, yes she does. She only wants what is fair. If his income goes up 20%, she expects a 20% increase. If his income were to drop 20%, then she expects her support to drop accordingly. She just wants what is fair. No more, no less.

What exactly does the support order say? Does it give a dollar amount that he is to pay, or does it say 20% of net? If the latter, does it also state what salary it's based on?

upping support

Why don't you try putting youself in his shoes? How disheartening would it be to you that every time you made more money you had to pay out 20% more in child support? Is it a matter of you just wanting more free money, or is this money actually needed for the children? NC fathers have already seffered trauma in their life because most don't get custody of their children no matter how great of a father they were. Then to add insult to injury we have so much taken form our pay that we can't advance in life. I don't know you and am not trying to get on your case but please be honest with yourself in asking if the money is to make your life easier or to benefit the children.

rba777 said:

Why don't you try putting youself in his shoes? How disheartening would it be to you that every time you made more money you had to pay out 20% more in child support? Is it a matter of you just wanting more free money, or is this money actually needed for the children? NC fathers have already seffered trauma in their life because most don't get custody of their children no matter how great of a father they were. Then to add insult to injury we have so much taken form our pay that we can't advance in life. I don't know you and am not trying to get on your case but please be honest with yourself in asking if the money is to make your life easier or to benefit the children.

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If the paying parent was "living" with the child, the child would be benefiting from the parents (Mom or Dad) increased wages....so why should it be different for them because the parents failed at keeping their family together.
Come on now.... whether a home is made up of family of original parents with the children or a home of mixed parents with the children the same idea applies: The more money coming in means the easier life is and the more you can give your kids. So ultimately the kids do benefit. Everything equals itself out. And when it comes to raising kids, there is no such thing as "free money" unless your sitting your butt at home, not doing anything for the kids, and on welfare. Moms and Dads who are receiving support usually deserve and need it. Anyone with kids knows that they are a full time job and their wants and needs are never ending.

Well, my husband and I do NOT believe that more money in our house is superior to each of us having more time to spend with our kid. He is now no longer paying support, so we, being married, have the right to make such decisions about cash flow into our house. But we both have passed up opportunities at higher paying, less flexible more demanding jobs because more stuff for our kid is less important than us each and together being able to spend time with her and at her different events, shows, school stuff and so on. Sure, maybe there are some additional benefits to having more money, but not if it detracts from the time we each have to devote to being parents.

PADadandmom, I think you missed rba777's point.

Here's what happens a lot of the time. NCP faithfully pays his support. He is granted an occasional "audience" with his children. He could very well be having trouble paying his own bills--mabye even neglecting other bills so that he can be sure to pay child support. He FINALLY gets a raise. WOW, he's going to be able to breathe a little easier now. Maybe even have a little spare cash. Then, BAM, CP smells money, hauls him back to court and suddenly he's right back where he started.

I'm not saying that all CP's are looking to screw the NCP and I'm not saying that all NCP's are doing all they can to support their kids. What I am saying is that if a child's basic needs can be met on the child support being received there's no reason to be hateful and go after more. Look at it this way. If the parents were still married, BOTH parents would have some input into what "extras" the kids got. An NCP has no say so at all.

About the maddest I ever got was when my hubby's ex told him "I should take you to court for more money...my expenses have gone up." Now, legally she had every right to do so, and probably would have succeeded and he would have payed it without complaint. But when her "expenses" included bebopping over to DisneyWorld for a week twice a year (we don't live in Florida), new cars every four years like clockwork just because "there wasn't anything wrong with it, it's just it's been four years so it's time" it's a LITTLE hard to feel sorry for her OR the child.

demarck said:

What is the name of your state? IL

I have a simple question: My wife's divorce decree states that her ex-husband has to pay a certain amount of support per month. That was 9 years ago. We have had to argue with him about upping the support to his current level of pay. He has done so, sometimes, but is now balking at upping his level again. The decree states that he pay 20% of net income. He gave us his W-2 and last pay stub. We calculated the amount he owes, deducting Fed Tax, SS, Medicare, IL tax, etc. He refuses to pay that amount, and says that he should only pay the amount that it states in the decree. We are trying to not take him to court to say money for both of us and not hurt the child. However, it is looking like we may have to do just that. My question is, is he obligated to raise his support each year to 20% of net income? If we have to take him to court, can we get him for court cost and attorney fees? Can we go to mediation to save money?

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The only amount that he is obligated to pay is the amount that the court order says he is to pay. If you want an increase, you have to go back to court to get it. However, this is one instance where its relatively safe to do it on your own, without an attorney.

DONT GO TO COURT WITHOUT AN ATTORNEY> . Dont try to handle this alone. Just leave the man have his 20% raise. Is it really worth the animosity?
Since you are married to his mother, you should be able to help support the child.
I thought I would never say this, but leave him alone. Take what money you have, and live with it. It isnt worth the grief and hard feelings that will come. Just because it isnt "your" kid, it is your step kid, and you can provide some basic needs along with your wife. You married her and her kids......
I dont agree when folks want more more more. The only instances should be when, every 5 years, the child is older, eating more, more expenses such as braces, school clothes, supplies, fees, ect. If you push and push for more, simply because the poor guy has a little raise, doesnt mean that you will win. Especially w/out a lawyer, IT CAN BACKFIRE and make it so he has to pay less. ... yes less. Leave it be. Please be happy you get a fair amount of child support, or any at all with ILlinois track record on CSEnforcement. Let the man keep a little of his money.

if you have a 2-earner family, why are you still trying to milk this guy for more money?

lemme guess, the kids call you "dad"? why aren't you stepping up to the plate and supporting your stepchildren??

i certainly hope you never find yourself in his shoes...