attempting to get child support modified and the mom hired a lawyer need some advice

[jubes]

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

My fiance started a motion to get his child support modified. He found out that he could claim our son as a financial reponsibilty thus adjusting the child support even by a little would help us out a lot.

Now the mom of his 2 older children has hired a lawyer and in her response she claims that "original order of child support was entered MR. X was aware the he had another child to support was born March 2007" the papers state that child support was entered in August of 2007 but if I can find the papers I'm pretty sure it was 2006. Then she goes on to state "I am a single mother. I do not live with anyone I am not newly married " (implying that we are and we are not) I do not have anyone else helping me support my children (his mother watches the children a minimum of 2 nights a week) " then she goes on to state that he has someone else living with him and trys to determine my income into the household.
In another paragraph she state "I support 3 children and Mr. X has an obligation to support his 2 children." I do not think that her 3rd child should come into factor at any point in this as he has nothing to do with this child and it isn't his.

Should we just hire a lawyer, I am personally very frustarted by her misrepresentation of herself!

 

[LdiJ]

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

My fiance started a motion to get his child support modified. He found out that he could claim our son as a financial reponsibilty thus adjusting the child support even by a little would help us out a lot.

Now the mom of his 2 older children has hired a lawyer and in her response she claims that "original order of child support was entered MR. X was aware the he had another child to support was born March 2007" the papers state that child support was entered in August of 2007 but if I can find the papers I'm pretty sure it was 2006. Then she goes on to state "I am a single mother. I do not live with anyone I am not newly married " (implying that we are and we are not) I do not have anyone else helping me support my children (his mother watches the children a minimum of 2 nights a week) " then she goes on to state that he has someone else living with him and trys to determine my income into the household.
In another paragraph she state "I support 3 children and Mr. X has an obligation to support his 2 children." I do not think that her 3rd child should come into factor at any point in this as he has nothing to do with this child and it isn't his.

Should we just hire a lawyer, I am personally very frustarted by her misrepresentation of herself!

Hon, if HIS third child is going to factor into the calculation, then the court must factor in HER third child as well.

 

[thedoctorisin]

My fiance started a motion to get his child support modified. He found out that he could claim our son as a financial reponsibilty thus adjusting the child support even by a little would help us out a lot.

...

In another paragraph she state "I support 3 children and Mr. X has an obligation to support his 2 children." I do not think that her 3rd child should come into factor at any point in this as he has nothing to do with this child and it isn't his.

Don't you think it is a little bit hypocritical that you want your fiance's third child with you to be taken into account, but you don't want his ex to be able to take into account her third child?

 

[Ohiogal]

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

My fiance started a motion to get his child support modified. He found out that he could claim our son as a financial reponsibilty thus adjusting the child support even by a little would help us out a lot.

Now the mom of his 2 older children has hired a lawyer and in her response she claims that "original order of child support was entered MR. X was aware the he had another child to support was born March 2007" the papers state that child support was entered in August of 2007 but if I can find the papers I'm pretty sure it was 2006. Then she goes on to state "I am a single mother. I do not live with anyone I am not newly married " (implying that we are and we are not) I do not have anyone else helping me support my children (his mother watches the children a minimum of 2 nights a week) " then she goes on to state that he has someone else living with him and trys to determine my income into the household.
In another paragraph she state "I support 3 children and Mr. X has an obligation to support his 2 children." I do not think that her 3rd child should come into factor at any point in this as he has nothing to do with this child and it isn't his.

Should we just hire a lawyer, I am personally very frustarted by her misrepresentation of herself!

Why are YOU even involved? If dad wants a downward deviation your role in the household as well as possible earning potential/earnings can come into play. But YOU should not be hiring an attorney or this far involved in dealing with the paperwork.

 

[jubes]

because he is the paying party. The mother already recieves child support for her third child. I receive nothing for my as it is his. His income is reduced by 33% for child support he is paying for his two older daughters. If I did file for child support I would only get about $40 a month. The mother didn't even file for child support until she found out that her ex husban was having another child.

 

[CourtClerk]

I receive nothing for my as it is his.

What do you mean you receive nothing for the third child. If this is true, then your child doesn't eat, have a roof over his head, heating, gas, electricity, the access to televisions (if he's at an age to watch them), clothing, medical care, etc.

Is that what you are saying?????

 

[Perky]

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

My fiance started a motion to get his child support modified. He found out that he could claim our son as a financial reponsibilty thus adjusting the child support even by a little would help us out a lot.

Now the mom of his 2 older children has hired a lawyer and in her response she claims that "original order of child support was entered MR. X was aware the he had another child to support was born March 2007" the papers state that child support was entered in August of 2007 but if I can find the papers I'm pretty sure it was 2006.

You stated in a later post that she filed for child support when she found out that he was expecting another child, so she is correct in stating that Mr. X was aware that he had another child to support.

Then she goes on to state "I am a single mother. I do not live with anyone I am not newly married " (implying that we are and we are not) I do not have anyone else helping me support my children (his mother watches the children a minimum of 2 nights a week) " then she goes on to state that he has someone else living with him and trys to determine my income into the household.

If you live in the same household, then that is an "Allowable Factor for Consideration" on the Washington worksheet, as is your child with your boyfriend.

Also, grandma babysitting for her grandchildren is hardly considered support.

In another paragraph she state "I support 3 children and Mr. X has an obligation to support his 2 children." I do not think that her 3rd child should come into factor at any point in this as he has nothing to do with this child and it isn't his.

Again, this is an "Allowable Factor for Consideration".

Should we just hire a lawyer, I am personally very frustarted by her misrepresentation of herself!

She hasn't misrepresented herself at all according to what you've posted.

The mother already recieves child support for her third child.

Your bf should make sure that she includes this as income on the worksheet.

I receive nothing for my as it is his. His income is reduced by 33% for child support he is paying for his two older daughters. If I did file for child support I would only get about $40 a month. The mother didn't even file for child support until she found out that her ex husban was having another child.

That's almost funny. The remaining 67% of his income goes to the support of his other child.