Going Back for increase of support

[mommabearx1]

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

Do I have to have a reason to have an increase in child support?

My XH took me back the day after(or he filed the day after rather) he found I got a part time job along with my full time job. The judge siad a part time job didn't matter because it was not necessary and I coudl quit at any time. but when they did the calculations he had gotten a raise since the last court order and he would acutally have to pay me more. At that time the judge asked if he wanted to withdraw hi motion and he did. Since that court date he has gottena promotion and a raise (he told me this)

So do I have to have a specific reason to go back and file for more I know the court wont do it unless I file but DCSE gave me a hard time when I went back last time (I went back because child support wasn't included because it wasn't needed in the first order and he wouldn't agree to pay any of it out of court so I went back and asked that daycare be included)

Thanks in advance!

 

[Gracie3787]

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

Do I have to have a reason to have an increase in child support?

My XH took me back the day after(or he filed the day after rather) he found I got a part time job along with my full time job. The judge siad a part time job didn't matter because it was not necessary and I coudl quit at any time. but when they did the calculations he had gotten a raise since the last court order and he would acutally have to pay me more. At that time the judge asked if he wanted to withdraw hi motion and he did. Since that court date he has gottena promotion and a raise (he told me this)

So do I have to have a specific reason to go back and file for more I know the court wont do it unless I file but DCSE gave me a hard time when I went back last time (I went back because child support wasn't included because it wasn't needed in the first order and he wouldn't agree to pay any of it out of court so I went back and asked that daycare be included)

Thanks in advance!

How long ago was the last court date?

 

[mommabearx1]

The last court date when he took me back to decrease child support was in early May 27, 2008. Before that was September when I asked that the CS be increased to include daycare and it was raised and his arrears were recalculated and those payments wereraised as well to pay them off sooner.

I don't need to go back, I don't use the money. Throughout the year it is direct deposited from DCSE into a savings acct and then at the end of the year the money is split in half and the first half goes into a higher interest earning college savings acct and the 2nd half the money goes into a higher (higher than the deposit savings acct) interest earnng MMA. the money market I can take out of still if I ABSOLUTELY have t but while it's sitting there it is earning a decent interest rate.

I'm asking because DSCE (the lawyers that come into the courtroom, it is one specific lady) is always very rude I don't want to get reamed when we go back to court in Sept of next year as to why I didn't come back once I knew his pay had increased.

Thank you!!

 

[thedoctorisin]

I'm asking because DSCE (the lawyers that come into the courtroom, it is one specific lady) is always very rude I don't want to get reamed when we go back to court in Sept of next year as to why I didn't come back once I knew his pay had increased.

If that is your concern, why don't you call up that specific lady and ask her?

 

[mommabearx1]

If that is your concern, why don't you call up that specific lady and ask her?

Because I am not sure who this woman is. I know she is the main person who speaks for DCSE when we are in the coutroom. There are three women who sit at the desk for DCSE my XH sits at another and then me at another. They don't give us their names just say that they are representing for DCSE.

But thanks for that advice

 

[mommabearx1]

I just tried calling to see if my local office could tell me if there was a main preson (since she has been the one to represent each time we have been in there) they won't give me that information which is understandable**************.

 

[Gracie3787]

The last court date when he took me back to decrease child support was in early May 27, 2008. Before that was September when I asked that the CS be increased to include daycare and it was raised and his arrears were recalculated and those payments wereraised as well to pay them off sooner.

I don't need to go back, I don't use the money. Throughout the year it is direct deposited from DCSE into a savings acct and then at the end of the year the money is split in half and the first half goes into a higher interest earning college savings acct and the 2nd half the money goes into a higher (higher than the deposit savings acct) interest earnng MMA. the money market I can take out of still if I ABSOLUTELY have t but while it's sitting there it is earning a decent interest rate.

I'm asking because DSCE (the lawyers that come into the courtroom, it is one specific lady) is always very rude I don't want to get reamed when we go back to court in Sept of next year as to why I didn't come back once I knew his pay had increased.

Thank you!!

Since the most recent hearing was just a few months ago, the only way that you can file right now would be if your ex has recieved a VERY large raise, that would increase the CS significantly.

Typically, CS cannot be modified every few months just because the NCP recieved a small raise. If that happened, it would totally clog up the court system. Usually there has to be a significant difference, or at least 2 to 3 years since the last modification.

 

[mommabearx1]

Since the most recent hearing was just a few months ago, the only way that you can file right now would be if your ex has recieved a VERY large raise, that would increase the CS significantly.

Typically, CS cannot be modified every few months just because the NCP recieved a small raise. If that happened, it would totally clog up the court system. Usually there has to be a significant difference, or at least 2 to 3 years since the last modification.

Thanks!! I know we will be going back next Aug or aroudn that time, because she will be entereing schoola nd won't have the daycare required except to get on and off the bus, so there will be a decrease in supprt then. Thanks so much!!