What are the risks of going for more child support?

[TCool]

What is the name of your state? WI

I currently have primary physical placement, mother has visitation on the weekends, and we have shared legal custody. The local child support agency went after the mother for child support since I am recieving aid. She was making $8/hr at the time so I was getting about $50/wk, but now she is making $14/wk and according to the cs calculators (don't know how accurate that is) I could get close to $100/wk, but the cs agency is not going to review the case or modify it for 3 years. My question is, if I take this to court myself would I be able to get the $100/wk, and are there any risks involved in this for me (ex. having the judge change the custody agreement)?

Thanks much,

Tim

 

[GrowUp!]

You would need to prove that she is making that much per hour. And initiating a case to go on a financial expedition "to find out" won't fly either (at least I wouldn't cooperate since the burden of proof would be on you). The judge should not be addressing any custody/parenting issues if they are not motioned by one of the litigants. The agency might be refusing it because they found there is not enough of a change to initiate any kind of modification administratively. You would need to go through the court.

 

[stealth2]

now she is making $14/wk

This isn't really what you meant, is it?

 

[LdiJ]

What is the name of your state? WI

I currently have primary physical placement, mother has visitation on the weekends, and we have shared legal custody. The local child support agency went after the mother for child support since I am recieving aid. She was making $8/hr at the time so I was getting about $50/wk, but now she is making $14/wk and according to the cs calculators (don't know how accurate that is) I could get close to $100/wk, but the cs agency is not going to review the case or modify it for 3 years. My question is, if I take this to court myself would I be able to get the $100/wk, and are there any risks involved in this for me (ex. having the judge change the custody agreement)?

Thanks much,

Tim

Its not uncommon for someone to file to modify custody, when the other party is filing to modify support. Although the odds of the ncp actually managing to change custody in that circumstance would likely be low...it is still a potential risk.

 

[Zephyr]

http://dwd.wisconsin.gov/bcs/chapter.htm



check that out TCool, run the number through the calculator and see what the difference in support would be

 

[TCool]

This isn't really what you meant, is it?

Ofcourse it is!!!!

No! LOL, slight typo, just got a lil repetative with typing "/wk". But no, its $14/hr.

Zephyr, that is a different calculator than the one I used. According to this one there will be about $100/month increase in child support. I suppose thats not even worth it considering the hassle and the risk I'd be taking. Thanks for your help people.

BTW, Growup! wouldn't it just be a matter of contacting her employer to get that information? Or, would a judge not order them to give that information up? Because I know they won't give me that information.

Anyway, like I said, it doesn't really seem worth it to me anymore to try this. So, I'm most likely not going to persue this, but thanks for all the help anyway.

 

[GrowUp!]

Zephyr, that is a different calculator than the one I used. According to this one there will be about $100/month increase in child support. I suppose thats not even worth it considering the hassle and the risk I'd be taking.

Well the support is for the CHILD.

BTW, Growup! wouldn't it just be a matter of contacting her employer to get that information? Or, would a judge not order them to give that information up? Because I know they won't give me that information.

You're right...they won't give you that information because the employer is not party to the action. Each parent is. By law, they are not obligated to hand over anything w/out a subpoena. And even then, the company's attorney could have it quashed and it could wind up costing you even more to pay the company's attorney's fees, if they pushed it. A judge would not necessarily order the other parent because -- again -- the burden of proof is on you.

 

[TCool]

Well the support is for the CHILD.

Yeah, I know. One of the reasons I wanted to try to get more support out of her was to help pay a little bit more of the daycare costs. I don't know if you have kids or not, so I don't know if you know this, but daycare is not cheap. But, from what you guys are saying it doesn't seem worth it at all to try to get more out of her.

 

[CourtClerk]

In your original post, you state that you are on aid. Can you clarify please because if you are, I would be opposed to you getting more CS money, especially if I'm still supporting your child.

The additional support should go to pay back the money that the government gave you when you couldn't support your child.

 

[fairisfair]

In your original post, you state that you are on aid. Can you clarify please because if you are, I would be opposed to you getting more CS money, especially if I'm still supporting your child.

The additional support should go to pay back the money that the government gave you when you couldn't support your child.

Of course you are right. TCool needs to inform his CSE caseworker that the NCP is now earning a larger income, and let them take it from there.

 

[Accountable]

That was a point I wanted to make, too. In any case, for someone ON state aid, $100 can go a long way.....

 

[CourtClerk]

That was a point I wanted to make, too. In any case, for someone ON state aid, $100 can go a long way.....

That may be true, and I don't know how they do things in the OP's state, but here, people receiving aid receive a $50 disregard and anything and everything else goes back to the state. It's the one thing that maybe we do right here (however I don't believe that they probably should get the $50 either). Irrespective of the amount of money the CS order goes up, ALL of that money should go back to the government, not the OP, until the OP is able to support that child.

 

[TCool]

Well, I'd like to point out that the govt will be getting more than what I got from them back from me. Yes, I'm recieving aid to help me get through school. I understand why some people don't like seeing govt aid because a lot of people just use it to be lazy and live off of other people. However, when I get my degree I will be making probably 60-80k a year, so the amount of increase in taxes I will be paying compared to if I were working full time now will pay more than what I've recieved (plus not all of what I recieve is free, some of it is federally funded loans). Thats one of the few things I think the government does right, invest in peoples education.

Courtclerk, your idea of how things work, in my opinoin would not help anything. If that were the case all it would do is make things harder for me, possibly keeping me from being able to get through school, which means I would have to be on govt aid longer and it would end up costing the govt more money in the long run. Where as if I get through school the govt makes money off of me, way more than I'll ever recieve from them. But anyway, the way you want it to be doesn't matter, the fact is I get the money and unlike so many people out there I'm going to use it to better my situation (and my daughters in the process) so I don't have to rely on the government the rest of my life. You, as a taxpayer, should be happy to hear that. I'd also like to point out that I CAN support my daughter just fine. However, if the government is going to give me the opportunity to get a great education (WI has an excellent university system) then wouldn't I be doing a disservice to my daughter by not taking that opportunity to better our lives?

Of course you are right. TCool needs to inform his CSE caseworker that the NCP is now earning a larger income, and let them take it from there.

I contacted the child support agency and the person who handles my case. She told me that they will not modify the order because they only do that once every 3 years.

 

[fairisfair]

Well, I'd like to point out that the govt will be getting more than what I got from them back from me. Yes, I'm recieving aid to help me get through school. I understand why some people don't like seeing govt aid because a lot of people just use it to be lazy and live off of other people. However, when I get my degree I will be making probably 60-80k a year, so the amount of increase in taxes I will be paying compared to if I were working full time now will pay more than what I've recieved (plus not all of what I recieve is free, some of it is federally funded loans). Thats one of the few things I think the government does right, invest in peoples education.

Courtclerk, your idea of how things work, in my opinoin would not help anything. If that were the case all it would do is make things harder for me, possibly keeping me from being able to get through school, which means I would have to be on govt aid longer and it would end up costing the govt more money in the long run. Where as if I get through school the govt makes money off of me, way more than I'll ever recieve from them. But anyway, the way you want it to be doesn't matter, the fact is I get the money and unlike so many people out there I'm going to use it to better my situation (and my daughters in the process) so I don't have to rely on the government the rest of my life. You, as a taxpayer, should be happy to hear that. I'd also like to point out that I CAN support my daughter just fine. However, if the government is going to give me the opportunity to get a great education (WI has an excellent university system) then wouldn't I be doing a disservice to my daughter by not taking that opportunity to better our lives?



I contacted the child support agency and the person who handles my case. She told me that they will not modify the order because they only do that once every 3 years.

No one is dissing you for receiving aid.
If you have reported the increase in her income to CSE then you have done your part.

The obligation of reimbursement to the state lies with the obligor, not the CP.

 

[CourtClerk]

No one is dissing you for receiving aid.

Exactly. I said you should not receive any additional money (and if we all lived in CourtClerk land, both parents would be responsible for paying back aid received). And if it makes you feel any better, I received my degree, raised a newborn, worked a fulltime job and never received a dime in government support (not cash, not medical, not housing, not anything) or child support for that matter, so I understand how hard it is. I just don't believe the government should be responsible for supporting anyone else's children. If you make them, you pay for them.

Me, as a taxpayer would be happy when people who choose to have sex, can deal with all of the consequences of their actions.