child support modification

[nextwife]

Who knows what the judge will decide...I just didn't want to leave it up to him. We came to an agreement on the CS, the original court ordered CS (from 2005) was modified in March 2008 to reflect those changes and now he wants to modify the CS again when there have been absolutely no changes with his income.

Due to higher fuel costs, the "income" of a great many people has been slashed merely by the costs of their commute, or their business auto use. I work in the default area of a bank, and I hear from many struggling people that they can no longer afford to fill their gas tanks to get back and forth to work if they drive a good distance. The current economics are that those who work away from where they live are sometimes seeing their available income slashed. Also, if there is a distance between CP and NCP, the costs of visitation has now been increased due to the travel. Additionally, many communities are raising taxes and user fees to make up for their stressed budgets, so the outputs on those have gone up in many places, effectively lowering income.

 

[erivas796]

Run the CS calculator. Is he paying above , at, or below what the calculator reports the payment should be? If he is paying below or at guideline he won't get a reduction. If above, he very well may be granted one.

Going by the CS calculator, he is paying below the guidelines (it states $321.00/wk) . But, he does have the boys half the time, so I'm sure that will be taken into consideration.

 

[TinkerBelleLuvr]

I'm sure the child support guidelines are for EOW, one night per week, alternating holidays and probably somewhere near half the summer. Now, with that said, that works out to about 25/28% of the time with and NCP. The net difference to going to 50% is somewhere between 22-25%.

Where I'm going with this is that the level was set with the parent already having this much time. It isn't an incrimental difference from 0 to 50%. It's more like 25% to 50%. Therefore, he isn't really going to say that the support should be half of the $321.

When in court, request that he pay for your attorney fees.

 

[erivas796]

Due to higher fuel costs, the "income" of a great many people has been slashed merely by the costs of their commute, or their business auto use. I work in the default area of a bank, and I hear from many struggling people that they can no longer afford to fill their gas tanks to get back and forth to work if they drive a good distance. The current economics are that those who work away from where they live are sometimes seeing their available income slashed. Also, if there is a distance between CP and NCP, the costs of visitation has now been increased due to the travel. Additionally, many communities are raising taxes and user fees to make up for their stressed budgets, so the outputs on those have gone up in many places, effectively lowering income.

He drives 20 min to work each way, 3x a week (he's an RN and works 3 days a week with 4 off). I drive 50 miles a day( 1 hour) each way 5-6X's a week. I also have to pay toll fees.
I spend almost $500.00/month in GAS ALONE.
Who do think the increase in fuel costs is affecting more?
And we only live about 10 min from each other and we take turns dropping the kids off to each other.

 

[erivas796]

I'm sure the child support guidelines are for EOW, one night per week, alternating holidays and probably somewhere near half the summer. Now, with that said, that works out to about 25/28% of the time with and NCP. The net difference to going to 50% is somewhere between 22-25%.

Where I'm going with this is that the level was set with the parent already having this much time. It isn't an incrimental difference from 0 to 50%. It's more like 25% to 50%. Therefore, he isn't really going to say that the support should be half of the $321.

When in court, request that he pay for your attorney fees.

TY..I was just served my divorce papers Friday, so I will be attaching my form that requests that he pays my attorney fees..He's gonna flip his lid..lol

 

[CJane]

MA doesn't appear to give an 'automatic' adjustment based on time w/the kids. It's possible that Dad would not get one. Whether or not that's 'fair' is irrelevant.

http://www.dor.state.ma.us/apps/worksheets/cse/guidelines-short.asp

 

[erivas796]

MA doesn't appear to give an 'automatic' adjustment based on time w/the kids. It's possible that Dad would not get one. Whether or not that's 'fair' is irrelevant.

http://www.dor.state.ma.us/apps/worksheets/cse/guidelines-short.asp

So are you saying that he may be ordered pay the full amount that follows the guidelines regardless of the fact that the boys time is split 50/50?

 

[CJane]

So are you saying that he may be ordered pay the full amount that follows the guidelines regardless of the fact that the boys time is split 50/50?

It's possible. Judges CAN deviate from guidelines for a variety of reasons, but they're not OBLIGATED to.

 

[erivas796]

It's possible. Judges CAN deviate from guidelines for a variety of reasons, but they're not OBLIGATED to.

Ok. So basically it could go either way. Thanks for your help.

 

[CJane]

Ok. So basically it could go either way. Thanks for your help.

Well, sort of.

IMO, it's HIGHLY unlikely that his support would be reduced even further if he's already paying far below guidelines. All I'm saying is that it's POSSIBLE he'd be ordered to pay the actual guideline amount and NOT a reduction.

And, regardless of what nextwife posted about income relative to cost of living, that's NOT taken into account.

 

[erivas796]

Well, sort of.

IMO, it's HIGHLY unlikely that his support would be reduced even further if he's already paying far below guidelines. All I'm saying is that it's POSSIBLE he'd be ordered to pay the actual guideline amount and NOT a reduction.

And, regardless of what nextwife posted about income relative to cost of living, that's NOT taken into account.

I told him that trying to modify the CS order might not work to his advantage.But he's HIGHLY confident that since the boys are with him half the time, that the judge will rule in his favor. I also pointed out to him that since he JUST modified the CS order, the judge might be a little annoyed that he wants to modify it again without there being any significant changes to income or any other extenuating circumstances..(except his girlfriend...lol)
I will not agree with his proposal of $140.00/wk. Whatever the judge decides is fine with me...
Oh well...we shall see
Once again, thanks for your input

 

[Just Blue]

Before helping this poster anymore be aware that she called OG a whore.

 

[Isis1]

I DID NOT call her a whore. I asked her if she any personal experience since the word obviously bothers her. BIG difference in me suggesting something vs. calling her it. She kept dragging out the whole "whore" issue and would not let it go. It's ok for her to sit and judge me and call me egotistical and arrogant?? I don't F U C K I N think so. The ONLY one who has a right to JUDGE is GOD..Last time i checked
His name wasn't Ohiogal!!!!!!!!!!1

court experience. learn from it. "i did not call her a whore" then stop talking.

 

[TinkerBelleLuvr]

Don't know what the hell your're talkin about. Send that advice to OG and her dumbass half *baystategirl*

I done with this one Isabella. I've posted some good information. She should have let it go, but didn't.

 

[erivas796]

I done with this one Isabella. I've posted some good information. She should have let it go, but didn't.

R u kidding me?? I was getting info from Cjane and then *baystategirl* jumps in to tell Cjane something that is UNTRUE and I'm not supposed to respond to that??
I let it go already..it keeps getting brought up by OTHER people...
I disagree with a senior member, and I keep getting bashed for it. I don't get it.