What is the name of your state (only U.S. law)? Oregon
My ex is no longer on cash assistance and CS is starting to accrue again. It will be taken out of her unemployment, so I would like to modify now while she has income.
When we got our court order, she was planning on moving to Nevada, which has a much lower minimum wage than Oregon, so as extra incentive to get her to sign the order and not take it before a judge, I had her income imputed as Nevada minimum wage. It's been 18 months since the order went into effect, and she still lives in Oregon, with no plans of moving to Nevada (she had planned on living with her mom, who now lives in Oregon).
On the CSE website, it states that CS can be modified for the following:
1. It has been at least 35 months since the date the support order was entered, reviewed or last modified; or
2. You can show proof there has been a substantial change of circumstances. This could mean a change in custody, the needs of the child(ren), or the number of children covered by the support order. It could also mean a significant change in a parent’s income, or a change in medical child support.
I am wondering if the fact that she never moved would be a substantial change? Technically, the order does not state a certain date she has to move by, but it does state that she intended to move when she finished school, about one month after our order was placed. Even with her income imputed at Oregon's minimum wage and taking into account that she has another dependent now, CS would go up about $100 a month (I have ran the numbers on the state's online calculators several times). Thank you!
My ex is no longer on cash assistance and CS is starting to accrue again. It will be taken out of her unemployment, so I would like to modify now while she has income.
When we got our court order, she was planning on moving to Nevada, which has a much lower minimum wage than Oregon, so as extra incentive to get her to sign the order and not take it before a judge, I had her income imputed as Nevada minimum wage. It's been 18 months since the order went into effect, and she still lives in Oregon, with no plans of moving to Nevada (she had planned on living with her mom, who now lives in Oregon).
On the CSE website, it states that CS can be modified for the following:
1. It has been at least 35 months since the date the support order was entered, reviewed or last modified; or
2. You can show proof there has been a substantial change of circumstances. This could mean a change in custody, the needs of the child(ren), or the number of children covered by the support order. It could also mean a significant change in a parent’s income, or a change in medical child support.
I am wondering if the fact that she never moved would be a substantial change? Technically, the order does not state a certain date she has to move by, but it does state that she intended to move when she finished school, about one month after our order was placed. Even with her income imputed at Oregon's minimum wage and taking into account that she has another dependent now, CS would go up about $100 a month (I have ran the numbers on the state's online calculators several times). Thank you!