What is the name of your state? CA
Currently I have a child support order stating that my ex husband pays $1600 a month for our three children. It was based on him making $60,000 a yr, having 40% custody and him claiming all three children on his income tax return. I was in school at the time and not working. I also was forced to pay for all daycare for our infant daughter on my own.
This was 5 yrs ago. About 3yrs ago we were in court fighting for the right for me to claim all the children on my tax return and his w-2 stated he was making $98,000 for the year 2004. The judge gave him the dependants based on the fact I was not working but in school at the time. It is subject and open for modification however.
Right now, he made pretty close to $120,000 for the year 2006. I am currently making $30,000 a year (gross) and not allowed to claim the children who live with me on my tax return. The reality of the custody percentage is me 85% and he has 15% (first, third, and fifth weekend fri-sun). We don't have summer vacation as the children are on a year-round schedule and are off the months of March, June and Oct. He does NOT take them any extra time as he says he doesn't have anyone to watch them. He is given in the papework 2 weeks of each month they are out of school.
My question is: I no longer can support myself and my children on my income and the support he is paying. Rent in Southern California for a 2-bd (which by the way, we do not fit into) was raised to $1600 a month and I was forced to move back in with my parents.
Do I have reason/just cause to request a modification of support and to re-claim my dependants? Is there anything I can do about the fact he was ordered to pay below guideline support for the last 5yrs? I will also mention that I paid for all daycare costs while I was in school and that he refuses to pay his share.
Thanks for any advice.What is the name of your state?
Currently I have a child support order stating that my ex husband pays $1600 a month for our three children. It was based on him making $60,000 a yr, having 40% custody and him claiming all three children on his income tax return. I was in school at the time and not working. I also was forced to pay for all daycare for our infant daughter on my own.
This was 5 yrs ago. About 3yrs ago we were in court fighting for the right for me to claim all the children on my tax return and his w-2 stated he was making $98,000 for the year 2004. The judge gave him the dependants based on the fact I was not working but in school at the time. It is subject and open for modification however.
Right now, he made pretty close to $120,000 for the year 2006. I am currently making $30,000 a year (gross) and not allowed to claim the children who live with me on my tax return. The reality of the custody percentage is me 85% and he has 15% (first, third, and fifth weekend fri-sun). We don't have summer vacation as the children are on a year-round schedule and are off the months of March, June and Oct. He does NOT take them any extra time as he says he doesn't have anyone to watch them. He is given in the papework 2 weeks of each month they are out of school.
My question is: I no longer can support myself and my children on my income and the support he is paying. Rent in Southern California for a 2-bd (which by the way, we do not fit into) was raised to $1600 a month and I was forced to move back in with my parents.
Do I have reason/just cause to request a modification of support and to re-claim my dependants? Is there anything I can do about the fact he was ordered to pay below guideline support for the last 5yrs? I will also mention that I paid for all daycare costs while I was in school and that he refuses to pay his share.
Thanks for any advice.What is the name of your state?
