Ex filed for support only a few months after signing agreement!

[kip77]

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

Hello, I have a thread in the Custody forum but I have some questions about my child support as well.

Just a quick overview...Our separation agreement states that I am to pay $400 per month for 2 years then $500 per month afterward. It also states that I pay for medical. The agreement was signed in September 2009. I was actually paying her more per month than what the agreement stated. I was paying $200 biweekly; which is about 433 per month. I was also paying for all the medical copayments, children's clothing and just about anything my ex asked for. The Divorce Decree was signed by judge on March 4th, 2010 and our seperation agreement was incorporated into the decree.

Just before the divorce was final my ex chose to quit her job and file for child support. This was done 2 weeks after she received her last part of the separation agreement. Per the agreement I paid her ($1750) and I paid her car off ($3750).

The support conference was held on March 12th. The support was set at $745 per month. The conference officer didn't take into account my 46% of overnights with my children and she also didn't figure out my net income correctly. I at the time didn't know I had a choice to agree or not to agree to the amount. So I signed the agreement. I know that I should have objected but it's too late now. I am anable to appeal because I signed the agreement. So, I filed for a modification.

I sat down recently and figured out the support myself. I used the same figures that the conference officer used except I fixed the error she had with my retirement and I figured in the 46% overnights (-16%). It comes out to appx $600 per month or $276 per pay. *So our agreement is about $76 less per pay than guideline.*

My main question is: Is there a decent chance that I can convince the court to set the support back to what it was in the separation agreement or to what I was paying? And how do I present it?

Will the court atleast take into consideration that she filed for support only a few months after signing the agreement and at the same time the divorce was just being finalized?

Is this a breach of contract? I have had a few friends and even a few co-workers tell me this but I don't think it is. And even if it is; is it worth pursuing?*

 

[Isis1]

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

Hello, I have a thread in the Custody forum but I have some questions about my child support as well.

Just a quick overview...Our separation agreement states that I am to pay $400 per month for 2 years then $500 per month afterward. It also states that I pay for medical. The agreement was signed in September 2009. I was actually paying her more per month than what the agreement stated. I was paying $200 biweekly; which is about 433 per month. I was also paying for all the medical copayments, children's clothing and just about anything my ex asked for. The Divorce Decree was signed by judge on March 4th, 2010 and our seperation agreement was incorporated into the decree.

Just before the divorce was final my ex chose to quit her job and file for child support. This was done 2 weeks after she received her last part of the separation agreement. Per the agreement I paid her ($1750) and I paid her car off ($3750).

The support conference was held on March 12th. The support was set at $745 per month. The conference officer didn't take into account my 46% of overnights with my children and she also didn't figure out my net income correctly. I at the time didn't know I had a choice to agree or not to agree to the amount. So I signed the agreement. I know that I should have objected but it's too late now. I am anable to appeal because I signed the agreement. So, I filed for a modification.

I sat down recently and figured out the support myself. I used the same figures that the conference officer used except I fixed the error she had with my retirement and I figured in the 46% overnights (-16%). It comes out to appx $600 per month or $276 per pay. *So our agreement is about $76 less per pay than guideline.*

My main question is: Is there a decent chance that I can convince the court to set the support back to what it was in the separation agreement or to what I was paying? And how do I present it?

Will the court atleast take into consideration that she filed for support only a few months after signing the agreement and at the same time the divorce was just being finalized?

Is this a breach of contract? I have had a few friends and even a few co-workers tell me this but I don't think it is. And even if it is; is it worth pursuing?*

child support changes are never considered a breach of contract. so don't even waste the energy going down that road.

first question, is mom in any type of state aid?

 

[kip77]

State Aid - Yes

child support changes are never considered a breach of contract. so don't even waste the energy going down that road.

first question, is mom in any type of state aid?

As far as I know she is getting some type of aid. But, she's been getting it since October of2008. I had to sign a letter stating what I was paying her for child support. I know from speaking to her a few days ago that she has to go through domestics to get the medical card.

At first I didn't want to go through Domestic Relations. That is why we spelled everything out in the agreement. But, since she can't receive medical aid with out going through domestics; I have no problem with it. The problem is Domestic Relations screwed up my net income. Then I wasn't permitted the 17% reduction from my overnights with my girls. The Conference Officer made it seem like I had no choice but to sign the agreement. And when I called her back and pointed out the mistake she refused to look into it any further. I think it's totally wrong that I have to file for a modification becasue of their error.

According to our agreement I am to have them every other weekend and twice a week. The agreement even says: Both parties agree to cooperate to ensure equal time is being spent with the children.

 

[CJane]

It's unlikely that you'll successfully get a modification this soon. Especially since you signed the agreement.

You have to figure out if the "savings" of $170 +/- per month is worth the time, energy, and potential legal fees involved in even TRYING to get a modification.

 

[kip77]

It's unlikely that you'll successfully get a modification this soon. Especially since you signed the agreement.

You have to figure out if the "savings" of $170 +/- per month is worth the time, energy, and potential legal fees involved in even TRYING to get a modification.

Do you think that is the case even with the errors that they have with the formula to figure out the proper amount? I have already filed for a modification. In our County all you do is sign the petition and explain why you are requesting a modification at the Domestic Relations Office. I stated that I have the children 46% of the time and that there was an error with how the amount used for my mandatory retirement was incorrect. I'll be recieving the papers within the next few days. As for potential legal fees; there probably won't be much. There will be a hearing within the next 60 days. Of course it will be worth it if the support is ordered at the correct amount. That is all I am asking for.

And maybe someone can answer something for me. We signed the agreement in September, 2009. The divorce decree was final on March 4th, 2010 (agreement was incorporated). Why was she permitted to get an increase when the hearing was only 8 days after the decree was finalized. She didn't have any major changes in her living situation other than voluntarily quiting her job that she only had for a few months to begin with.

If for some reason my ex and I agree to an amount before the hearing would the court agree to use that amount?

I guess it makes me a little upset to be looked at like a deadbeat dad when I have never missed any payments to her. I have provided alot more than what I was bound to by the agreement. And while all of this is going on she and the girls are living with her BF (since we split up in 2008) who doesn't work at all. He has children of his own that he is not supporting but I am a deadbeat. It's very irritating.

 

[Isis1]

once mom filed for aid, the state stepped in. that divorce agreement doesn't do you ANY good. the state wants to be sure they are spending the least amount of money as possible on the dependant family. and you are the one they can go after.

 

[kip77]

once mom filed for aid, the state stepped in. that divorce agreement doesn't do you ANY good. the state wants to be sure they are spending the least amount of money as possible on the dependant family. and you are the one they can go after.

Yes, I understand that. But, if the state is so worried about how much aid my ex gets then why don't I have a better chance of having primary custody. When she first left I looked into filing for custody. I was told good luck because it almost impossible unless my ex did something to deem her a danger to the kids.

I am still in the marital home. I was not the one who cheated and ran off with the children to live with another person (BF). I have a stable job that I have been at since 2001. I have never resrtricted her access to the girls. But she has on multiple occasions restricted my access to them. I wasn't able to see them for almost a month when she left. I didn't even know where she was. I have never been in trouble with the law. But she has been involved in quite a few incidents over the last 2 years. The list can go on and on.

I just feel like a scapegoat not only for her but for the state. My ex chose to break our vows and leave the marriage. She chose this knowing that it would have a huge impact on our girls' lives. But, I seem to be the one that is punished over and over for things that were out of my control. I know my girls would be better off with me. The problem is it is near impossible for me to attain that.

Im frustrated that I have to keep up on all the bills and debt that she helped aqcuire plus pay her all that I have paid her. Then be told that the agreement is good for everything but the support. Part of the reason for the lower amount was so I could have extra to pay down the debt. And I was paying it down. I do not have much of anything as far as luxuries go. I have my cell, but I use it for work most of the time. The rest of my money goes towards bills, debts and the kids. I do my best to minimize my bills as much as I can. But after I pay all the bills I don't have much left over for even food, gas and anything else that pops up. I am currently looking at about negative $600 monthly left over very soon. I may be able to work it down a little. But what do I give up: food, meds, student loan? I have to be able to survive too. But with what my ex will recieve from me and the state she'll end up with more money than me. How is that equalizing the households? It seems like it never ends. Sorry for venting.

Anyway thank you all for the help so far. If I would have found this site earlier on I may have been a little better off.