quick question on modifying child support

[questionforall]

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

My ex is paying child support for two children, one who will be 19 and has graduated. I know the support needs to be modified and quite frankly I am suprised he hasn't done this already. The rate is the same rate he has been paying since the divorce many years ago...Who files to have it modified? And what if he doesn't and just let's it go? And is it typical that once it's modified he may have to pay more because he makes more income now than he did many years ago? (that may be the reason he hasn't brought it up yet) and what if he let's it go, would the judge consider that he "overpaid" and stop support on the younger child? Not quite sure what to do.

Thanks for any guidance

 

[Ohiogal]

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

My ex is paying child support for two children, one who will be 19 and has graduated. I know the support needs to be modified and quite frankly I am suprised he hasn't done this already. The rate is the same rate he has been paying since the divorce many years ago...Who files to have it modified? And what if he doesn't and just let's it go? And is it typical that once it's modified he may have to pay more because he makes more income now than he did many years ago? (that may be the reason he hasn't brought it up yet) and what if he let's it go, would the judge consider that he "overpaid" and stop support on the younger child? Not quite sure what to do.

Thanks for any guidance

YOU have the responsibility to file and let CSEA know of any changes so why haven't YOU stepped up and done so? When your child graduated and was 18 you should have filed to have it stopped. You did not -- why was that?

 

[LdiJ]

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

My ex is paying child support for two children, one who will be 19 and has graduated. I know the support needs to be modified and quite frankly I am suprised he hasn't done this already. The rate is the same rate he has been paying since the divorce many years ago...Who files to have it modified? And what if he doesn't and just let's it go? And is it typical that once it's modified he may have to pay more because he makes more income now than he did many years ago? (that may be the reason he hasn't brought it up yet) and what if he let's it go, would the judge consider that he "overpaid" and stop support on the younger child? Not quite sure what to do.

Thanks for any guidance

Just leave it be. Its your ex's responsiblity to file to modify child support, and if he not doing so, its not your problem.

Since child support was never modified throught the years I suspect that dad has run the numbers and has discovered that it won't reduce now if he files for a modification, therefore he is leaving it be.

And no, a judge wouldn't consider him overpaid if he does not file for a modification, and no, the judge would not stop support for the younger child.

 

[CJane]

Does your order specify a total amount of child support (as in "Father shall pay XX/month in child support") or does it specify an amount per child (as in "Father shall pay $100 per child per month for child support")?

Have you run the numbers through your state's calculator to see if the ordered amount would change at all, or would go down?

I disagree that it's your responsibility to file to change child support. IMO, the party wishing for a change is the party that should file.

 

[Ohiogal]

Just leave it be. Its your ex's responsiblity to file to modify child support, and if he not doing so, its not your problem.

Since child support was never modified throught the years I suspect that dad has run the numbers and has discovered that it won't reduce now if he files for a modification, therefore he is leaving it be.

And no, a judge wouldn't consider him overpaid if he does not file for a modification, and no, the judge would not stop support for the younger child.

WRONG. Both the obligor and obligee have a LEGAL DUTY to report changes that affect child support. BOTH OF THEM have that responsibility.

 

[haiku]

Either party is supposed to report change in circumstance if they are looking for a change. Also in CT, both parties income is counted, therefore the obligees income can also come into play when figuring a new amount of support for the remaining child.

 

[LdiJ]

Either party is supposed to report change in circumstance if they are looking for a change. Also in CT, both parties income is counted, therefore the obligees income can also come into play when figuring a new amount of support for the remaining child.

The bolded is the key. Anyway not looking for a change is not obligated to report a change. Otherwise, any obligor who got a raise and didn't immediately file for a modification would be obligated for back support to the date of their raise, and we all know that is not the case.

 

[Ohiogal]

The bolded is the key. Anyway not looking for a change is not obligated to report a change. Otherwise, any obligor who got a raise and didn't immediately file for a modification would be obligated for back support to the date of their raise, and we all know that is not the case.

Wrong. Each party is obligated to report when there is a change to CSEA.

 

[haiku]

Wrong. Each party is obligated to report when there is a change to CSEA.

Exactly. Just because people choose not to, doesn't mean they are not legally required to.

 

[LdiJ]

Exactly. Just because people choose not to, doesn't mean they are not legally required to.

Well, then it obviously varies by state.