Ex wife is wanting more money

[HD515]

What is the name of your state?What is the name of your state? Illinois
My ex's attorney sent me a letter the other day asking to send my recent check stub and my 2004 tax return with w2's as she wants an increase in child support. We have been divorced for 14 years and my son is almost 17. Do I have to provide this information? We both have remarried and have new familes I have 2 small children and an older stepson. Obviously my income has changed and if support is modified greatly It will make it extremely difficult for me to make ends meet. she is doing this because she is upset over an unpaid medical bill. She is in good or better financial shape than I am and as far as I know is not hurting for money. she is simply doing this out of spite.
Thank you in advance for your advice

 

[Zephyr]

well if you don't respond her lawyer will just ask the judge to order you to provide the info

 

[stargazer0725]

Your wife is asking for a modification of child support based on change of financial circumstances, which was her right to request every 3 years (or more often if there's a substantial change), and continues to be her right until your son turns 17. Sorry, but it's the law.

Since it sounds like this is the first time in 14 years that you've been through this, it looks like she's taken it fairly easy on you with regards to demanding frequent modifications. At this point, since your income is significantly higher, and Illinois's child support is base solely on your income, then your best bet is to hire an attorney of your own and hand over the documentation requested and resign yourself to a higher CS payment because it's a sure thing.

If your wife's attorney has already filed a modification request with the court, it's in your best interest to get this worked out as quickly as possible, because the modified amount (once calculated) will be RETROACTIVE to the time her attorney filed for the mod. So start saving now...otherwise you're going to end up with a whopper of an arrearage at the end of it all.

 

[stargazer0725]

Also, keep in mind that since your ex's attorney is asking for your tax returns, they will also look at not just your salary as income. Any income that you receive that is taxable will be counted towards your total income.

To calculate your income you'll have to add in things like annual stock dividends, interest from savings, etc., then add your NET annual salary. Net is your gross minus:

Federal taxes
State taxes
Local taxes
Social Security (FICA)
REQUIRED disability contributions
REQUIRED retirement contributions
REQUIRED union dues
MANDATED health insurance (i.e. for your son)

Once you add all of that up, divide by 12, then multiply by 20% (guideline support for 1 child) - that will approximate your new child support amount which you should start putting into savings.

 

[HD515]

What about the fact that I have a family to support and this increase would definately affect me being able to pay my current obligations. I have read some places that this would be taken into account

 

[brisgirl825]

What about the fact that I have a family to support and this increase would definately affect me being able to pay my current obligations. I have read some places that this would be taken into account

Some states do and some don't. You knew you had this obligation before you had another family.
Even is your new family is taken into account, it won't be much.

 

[Inquiry123]

she is doing this because she is upset over an unpaid medical bill.

Confucious say: He who farts in church sits in own pew.

Western interpretation: Should have paid that bill!

Option 1: Contact her...offer to pay the bill and cover her atty fee to date if she will drop the matter.

Option 2: Pay the increase in support through the end of the obligatory period. Plus any atty fees if you opt to hire one.

Good ruck.

 

[ablessin]

I thought the CS for one child is 17%, not 20% - -2 kids is 21%.

Anyway, your son is almost 17, and so even if the CS does increase, it won't be for very long. What a year.

Sounds like if you would have helped with that medical bill, this might not be happening at all.

 

[hotpants]

owe

dont you feel that you have been cheating your child - child support is for the child - maybe your ex isnt doing out of spite but out of love for her child - which you seem to care about your new family more - you had your child previously before your new family - maybe she is better off - but why should she have to support more than you- have you ever thought of helping her - step up to the plate - be a man - do whats right pay your 20% plus if you dont watch out

 

[hittingrabbit]

increase

Since her attorney has requested that you send private information such as check stubs,and w2 forms,which is rather odd that an attorney from your opponant would actually assume that you would present these papers without governing authority from a judge.
If you beleive that she is creating this action out of spite,and if you feel that your rights are being invaded upon,you can send a simple reply to your ex's attorney that your financial information is of a private matter of concern,and will surrender the information up only upon a show of cause ruling(usually done under discovery)from a court.
Best peice of advice is to be prepared to be prepared,as it is only a matter of time before she,and her attorney brings you before the experienced almighty cloked celtic Druid,that will slash his mighty gavel upon the non-custodial parent,even if you are brought into the justice leagues bar of authority on life-support, save you that is clinging to life for merely a few hours.
In otherwords my friend I wouldnt provide a da_n thing to her attorney unless so ordered by a court,having jurisdiction.

 

[OHIOGUY44095]

dont you feel that you have been cheating your child - child support is for the child - maybe your ex isnt doing out of spite but out of love for her child - which you seem to care about your new family more - you had your child previously before your new family - maybe she is better off - but why should she have to support more than you- have you ever thought of helping her - step up to the plate - be a man - do whats right pay your 20% plus if you dont watch out

Where is the legal advice in this? Unless you have letters like "PhD" after your name, can this garbage.

 

[lojlady66]

Heres what I have found going thru same prob same age child

Quote:
Originally Posted by hotpants
dont you feel that you have been cheating your child - child support is for the child - maybe your ex isnt doing out of spite but out of love for her child - which you seem to care about your new family more - you had your child previously before your new family - maybe she is better off - but why should she have to support more than you- have you ever thought of helping her - step up to the plate - be a man - do whats right pay your 20% plus if you dont watch out

So, I guess you believe that the new children should suffer because of the older. Think about what you are saying and read the question better next time. It was stated that ex-wife, current husband, and new children where financialy better off than non-custodial parent. When making coments; remember this is a help forum not an attack forum.

To poor soul going thru this with 17 year old child. I understand, my husband and I are going thru a similar situation over not paying for brake repair on a car we had given my husbands child. I mean really, we just gave a car and did not ask the ex to help....what is the big deal about paying for brake repair of $220 compared to paying half of $7,500 used car. It is very frustrating that after all the years of divorce that the NCP has such a harder cross to bear in alot of cases. It seems that ALL circumstances should be taken into consideration when determining CS. I mean my husbands ex left him pregnant with another mans baby lost it and destroyed my husband by taking his baby away....and he has to take care of not only his baby but the ex too!!!!! where is the justice????

The ex tried to pull the I paid $500 on a loveless bill you didn't help with but we had record of over $1000 that we didn't ask her to pay half of. Can you think of anything in 14years that you paid 100% of? If it equals the amount of the bill in question you could be off the hook. Have you paid for any "additional exspenses" not helped by her? IE: medical bills, dental bills, school exsp. or cost of transportation or communication because of long distance to see or talk with child in question? Also you may deduct whatever you are paying for "family insurance"

GOOD LUCK!

 

[Cassie23]

I don't understand why is it that someone always has to point out that the 'older' child or children shouldn't suffer because of the decision for more children to be born. First of all it was NONE of the children's decisions to be born, why should ANY of them have to suffer? Why should one child get so much more than any of the others? In my case, my husband's ex told him that she could NOT get pregnant- that the doctor told her there was no possible way. Of course she got pregnant! Miracle? Nope! She had 2 more with 2 diff. men after that, and she gets CS from 3 diff. men while she doesn't work at all! Life is not fair and choices are made, but why should any of the kids suffer? My husband's ex left HIM for another man! She ruined the marriage, he didn't! But that isn't taken into consideration!!! Why should this guy be punished for wanting to have a life and a family with someone who loves him?

What does your divorce decree/support order say? If it says that you have to pay the percentage of whatever it is 17% then you might have an issue. If it just states how much you are giving then call a laywer. I am from NY and my husband talked to a lawyer about this last year, he was told that just because the guidelines are 17% doesn't mean that you will be forced to give that unless it states that in your decree. In his case his decree stated 17%, and he signed it! I think it all depends on the judge, but calling a lawyer for a consultation is a good idea so you know what you are up against! Good luck.