Modification

[mike21]

What is the name of your state? PA

How often can a person go back to modify a child suppport order? We last had a conference in Feb. 2005 b/c she wanted more b/c she was unemployed. They raised the amt until my arrears were paid up and agreed to lower them back to the original order. My ex wants more money, because she isn't making as much money. She recently just had a baby (not mine) and is working from home part time. She is making a significant amt less then she has in the past, I don't mind paying a little more, b/c I am making more than I was in 2005. However, I don't want to be paying for her new child.

 

[CJane]

What is the name of your state? PA

How often can a person go back to modify a child suppport order? We last had a conference in Feb. 2005 b/c she wanted more b/c she was unemployed. They raised the amt until my arrears were paid up and agreed to lower them back to the original order. My ex wants more money, because she isn't making as much money. She recently just had a baby (not mine) and is working from home part time. She is making a significant amt less then she has in the past, I don't mind paying a little more, b/c I am making more than I was in 2005. However, I don't want to be paying for her new child.

If her income has decreased and she can prove that it's not voluntary, and your income has increased, it's VERY likely that your CS obligation will increase. She may or may not get an additional credit for her additional child, but when that is done, usually the amount of CS received for that child offsets the credit somewhat.

A CS order can be modified every 2 or 3 years depending on the state, or if there is a continuing change in circumstances - such as an increase or decrease in income that has lasted or is projected to last 6 months or more.

 

[mike21]

If her income has decreased and she can prove that it's not voluntary, and your income has increased, it's VERY likely that your CS obligation will increase. She may or may not get an additional credit for her additional child, but when that is done, usually the amount of CS received for that child offsets the credit somewhat.

A CS order can be modified every 2 or 3 years depending on the state, or if there is a continuing change in circumstances - such as an increase or decrease in income that has lasted or is projected to last 6 months or more.

She changed her job, in order to work at home w/ her new baby. Wouldn't that be voluntarily changing circumstances?

When they determine the increase, do they count the overtime I work? Or do they just use my 40 hour work week? OT is optional and not always available?

 

[MrsK]

She changed her job, in order to work at home w/ her new baby. Wouldn't that be voluntarily changing circumstances?

When they determine the increase, do they count the overtime I work? Or do they just use my 40 hour work week? OT is optional and not always available?

Yes, that is considered voluntary.

They will want to use your OT, and hope you dont say anything, but you should argue just what you said- its optional & not always available. Its not fair for them to calculate your support on OT you cant always get.

 

[lwpat]

If they do want overtime you can look at the last three years and average it out.

CJ why would she get any credit for her additional child?