Modification of child support

[RoseG]

What is the name of your state? California

I used to lived in MD, I now reside in CA with my 3 children 12, 17 and 19 yrs. old. My ex-husband file a motion to modify child support (lower it down)because our oldest daughter is now 19 ( who is in college that I am supporting ). My question is how to answer the pleadings. Is it just like writing a letter to the judge or is there a form that I need to use? Please help me, I just want to know how to answer it right. I am contesting it because the $600 a month (garnish) can't even cover all thier expenses. My 17 yrs. old son is now in college and tuition and books are expensive. My 12 yrs. old is a tournament soccer player that plays out of town games once or twice a month and there are fees and hotel accomodotion every month that I pay not to mention uniforms and her school needs. My ex has been estranged from them for 3 yrs now. We didn't know his whereabouts until I recieved the summon. Anyway, I paid for my childrens health, vision and dental insurance, he never pay a dime. Can I state all these reasons in my answer? Can I ask the judge to instead increase the CS base on thier needs and the cost of living here? He has gotten a salary increase for the past 5 yrs. and I never ask for a CS review even though I am entitle to do it every year as we agreed on our separation agreement. Please help me.Thank you

 

[NotSoNew]

what state was the request filed it? you need to call that court house and ask them for the form to reply, there is a form, its not just a letter. yes you can reply and ask for an increase, which if his income has increased you would likely get, however your expenses and cost of living are not taken into consideration. if support is to end at 19 (or 18) for your oldest and wasnt specified in your order to continue until college ended, then he will get a reduction for that child.

 

[seniorjudge]

What is the name of your state? California

I used to lived in MD, I now reside in CA with my 3 children 12, 17 and 19 yrs. old. My ex-husband file a motion to modify child support (lower it down)because our oldest daughter is now 19 ( who is in college that I am supporting ). My question is how to answer the pleadings. Is it just like writing a letter to the judge or is there a form that I need to use? Please help me, I just want to know how to answer it right. I am contesting it because the $600 a month (garnish) can't even cover all thier expenses. My 17 yrs. old son is now in college and tuition and books are expensive. My 12 yrs. old is a tournament soccer player that plays out of town games once or twice a month and there are fees and hotel accomodotion every month that I pay not to mention uniforms and her school needs. My ex has been estranged from them for 3 yrs now. We didn't know his whereabouts until I recieved the summon. Anyway, I paid for my childrens health, vision and dental insurance, he never pay a dime. Can I state all these reasons in my answer? Can I ask the judge to instead increase the CS base on thier needs and the cost of living here? He has gotten a salary increase for the past 5 yrs. and I never ask for a CS review even though I am entitle to do it every year as we agreed on our separation agreement. Please help me.Thank you

The BEST advice is for you to get a lawyer.

BUT if you don't:

Write a document called an answer. State that this document answers all the allegations listed in the petition by [what's his face] and then answer them clearly and plainly, one by one. Then list all the reasons why the child support should not be lowered.

Sign it and have it notarized. Make two originals.

Send an original to the court and an original to what's his face and keep a copy for yourself.

 

[RoseG]

thanks

Thank you all. He filed the motion in MD since our divorce decree was filed there ( he still lives in MD ).The child support agreement didn't say anything about cancellation of support when the child turns 19 or continuation of support when the child goes to college. I wish I can afford a lawyer but I can't and my ex is representing himself also. Do I have to appear in court when the judge hear this case? Can I just send in my financial information with my answer? I am just hoping that I don't have to go back there.Thanks again

 

[seniorjudge]

Thank you all. He filed the motion in MD since our divorce decree was filed there ( he still lives in MD ).The child support agreement didn't say anything about cancellation of support when the child turns 19 or continuation of support when the child goes to college. I wish I can afford a lawyer but I can't and my ex is representing himself also. Do I have to appear in court when the judge hear this case? Can I just send in my financial information with my answer? I am just hoping that I don't have to go back there.Thanks again

Q: Do I have to appear in court when the judge hear this case?

A: Yes.


Q: Can I just send in my financial information with my answer?

A: Yes and send a copy of everything you send the court to your ex-husband.

 

[NCP Dad in TN]

The child support agreement didn't say anything about cancellation of support when the child turns 19 or continuation of support when the child goes to college.

In cases like that, when DOES support end? If it makes no mention, does the paying parent have to keep paying CS even into the kids 30's? There has to be a cut-off point SOMETIME, right?

 

[NotSoNew]

yes most states have a cut off

At what age does child support payments end?

At what point does the obligation to pay child support end Maryland Generally, the obligation ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs later. A child will also automatically be ineligible for child support if that child marries, is removed from disability status by a court order, or the child dies.

 

[NotSoNew]

OP please see this link for the forms required to reply

http://www.courts.state.md.us/family/forms/answer.html

 

[MrsK]

As far as I can tell, Maryland does not require NCP's to pay for college. So it is most likely that he will get a reduction for your oldest child and also be able to file for a reduction next year or two for your 2nd child, because you said the 17 yr old is already in college.

I believe all of the soccer stuff would probably be considered part of the c/s obligation, I would not expect to get any extra money for that.

Also, the court almost never increases c/s because of "cost of living", its usually ONLY based on the parents income.

Was dad supposed to be carrying insurance on them? You said you are currently doing it.

Also- you are aware that c/s from dad is supposed to cover HIS portion of their expenses, right? You said it "can't even cover all thier expenses", but he isnt supposed to be paying 100% of their expenses, he is supposed to be paying a certain portion and YOU pay the rest.

Anyway, if he had an increase in pay, you will most likely get an increase for that, but you can expect a decrease for the 19 year old, and expect they probably will not care about "the cost of living" in your area, nor that he was estranged from the children for 3 years. And, like I said, next year or two he would also be entitled to a decrease for your middle child.

 

[RoseG]

Thank you again

Last questions, I am currently unemployed because I am taking care of my 3 and 4 yrs. old boys from my current husband. Including my 3 children from previous marriage I basically have 5 children in the household that I take care. I solely depend on my husband's income, will his income be included in the child support calculation? he earns more than him. I sign the IRS form 8332, release of claim to exemption for all future years for our daughter Jayme, can I ask the judge to reverse it? I sign that form out of duress ( a long story to explain but to make it short we can't leave MD to CA if I didn't ),I don't feel he deserves it.

 

[RoseG]

As far as I can tell, Maryland does not require NCP's to pay for college. So it is most likely that he will get a reduction for your oldest child and also be able to file for a reduction next year or two for your 2nd child, because you said the 17 yr old is already in college.

I believe all of the soccer stuff would probably be considered part of the c/s obligation, I would not expect to get any extra money for that.

Also, the court almost never increases c/s because of "cost of living", its usually ONLY based on the parents income.

Was dad supposed to be carrying insurance on them? You said you are currently doing it.

Also- you are aware that c/s from dad is supposed to cover HIS portion of their expenses, right? You said it "can't even cover all thier expenses", but he isnt supposed to be paying 100% of their expenses, he is supposed to be paying a certain portion and YOU pay the rest.

Anyway, if he had an increase in pay, you will most likely get an increase for that, but you can expect a decrease for the 19 year old, and expect they probably will not care about "the cost of living" in your area, nor that he was estranged from the children for 3 years. And, like I said, next year or two he would also be entitled to a decrease for your middle child.

Yes, I know that I have to cover half of thier expenses. What actually happened is I cover most of thier expenses. We paid for all their medical insurance. All three of them wears prescription glasses, there are a lot of related expenses that me and my husband just pay (orthodontics etc.)because he don't want to pay. He is ordered to pay half of the expenses not covered by insurance, and he is not paying, what am I supposed to do? go to MD and sue him? I have young children to take care of and I can't afford to go back and forth to MD. So I just take care of those expenses even though I'm struggling. Now he have the nerve to ask the court to lower the CS? I don't know, maybe I'm just angry at him for abondoning our children, they felt betrayed and unlove by their father. Summer is supposed to be their time with their Dad but he cut it off 3 yrs. ago, flatly told them he don't want to see them anymore. They were hurt and so am I.

 

[MrsK]

Last questions, I am currently unemployed because I am taking care of my 3 and 4 yrs. old boys from my current husband. Including my 3 children from previous marriage I basically have 5 children in the household that I take care. I solely depend on my husband's income, will his income be included in the child support calculation? he earns more than him. I sign the IRS form 8332, release of claim to exemption for all future years for our daughter Jayme, can I ask the judge to reverse it? I sign that form out of duress ( a long story to explain but to make it short we can't leave MD to CA if I didn't ),I don't feel he deserves it.

You are considered underemployed/voluntarily underemployed. The judge MAY consider your husband's income because you are not working. They will probably not care that you have young children at home.

That's the way it works.

Also, you MAY get them to change the tax exemptions so that each of you get every other year, but its not 100%, esp b/c you are not working.

 

[NotSoNew]

since you are voluntarily unemployed they can either assign an income to you or take your husbands into consideration. if you dont work its likely the judg would give your ex the tax deduction every year anyway.

 

[NotSoNew]

use this calcuator and run the current numbers and see if it will be more or less then your current order

http://www.marylandlawonline.com/cal/MDCSC.html

 

[MrsK]

Yes, I know that I have to cover half of thier expenses. What actually happened is I cover most of thier expenses. We paid for all their medical insurance. All three of them wears prescription glasses, there are a lot of related expenses that me and my husband just pay (orthodontics etc.)because he don't want to pay. He is ordered to pay half of the expenses not covered by insurance, and he is not paying, what am I supposed to do? go to MD and sue him? I have young children to take care of and I can't afford to go back and forth to MD. So I just take care of those expenses even though I'm struggling. Now he have the nerve to ask the court to lower the CS? I don't know, maybe I'm just angry at him for abondoning our children, they felt betrayed and unlove by their father. Summer is supposed to be their time with their Dad but he cut it off 3 yrs. ago, flatly told them he don't want to see them anymore. They were hurt and so am I.

You probably think you are covering most of their expenses but what are you defining as "expenses"? Sports, college, etc are not "needs", they are "wants" and "priviledges", which is why a court will probably not see it as you'd like.

You can file for contempt of court if he is not paying for 1/2 of medical expenses.

He can legally reduce c/s b/c of the age of your oldest child. He will soon be able to do it again for the middle child.

I think you are angry at him, and I am sure the children are angry with him, but it wont effect the c/s matter. The courts see c/s as an obligation but do not force visitation upon an NCP.