Question for Court Clerk

[jbowman]

What is the name of your state? CA

CC, can you clarify this--you just posted in another thread

For instance, whether my ex makes more or not, everytime I get a significant raise, the CS order goes up anyway (good ole shared income model).

Does the order go up automatically? No need for modification? Im curious because in my case, neither parent would ever know when/if the other got a significant raise unless we filed "discovery" forms --again, forgive the terminology. Or if we went for a modification every 3 years to "see" what was up.

 

[CourtClerk]

Naww.... I modify just to get on his nerves...LMAO

CA doesn't have that 3 year rule most states have adopted for CS modifications. Here, we can modify anytime the order will increase or decrease by either $50 or 20%.

A promotion and our contract renewal resulted in my CS order being modified twice in a year... not that I see any of the money, but I get a kick out of making life difficult for him sometimes...

oooo...that sounds evil.

 

[jbowman]

Ok, it was my understanding that you could modify every three years or before if there is a 20% change.

Another question, you stated that when YOU get a significant raise, CS goes up. Does that mean that YOU pay CS or what he pays YOU goes up? Im confused. I always figured that if I got a raise, and he took me to court to modify, the CS he had to pay would be lower because I would be making more money. I understand the shared income model but I always heard that if I made tooo much more than the NCP did then I could end up paying HIM CS.

 

[CourtClerk]

It gets tricky and in this instance this is definitely where you have to be very careful because everyone's circumstances is different. In my case, he has 0% parenting time. 0, none, nada, zilch, so even if I were a millionaire, I couldn't owe him any money. He's supposed to pay me... not me pay him.

There are cases though when there is a shared parenting schedule that if the CP makes significantly more than the NCP that CS gets reversed and the CP actually ows the NCP, but never have I seen it to where it amounted to more than a few hundred dollars.

We had a case last week where the CP made about $4500/mo, and the NCP was imputed at $1200/mo. He worked PT, but almost FT hours, but it was at minimum wage, so the court "gave" him a raise... to FT minimum wage. She ended up owing him something like $250/mo.

 

[jbowman]

Thanks, so when you get a raise, his order goes up?

 

[CourtClerk]

Thanks, so when you get a raise, his order goes up?

You got it babe

ETA: but it has to be a significant raise... because it has to meet that $50 or 20% threshold AND... he makes more money too. He doesn't admit it, but I've always been able to prove it. He's not a very good liar.

 

[jbowman]

wow youre quick--and lucky LOL Make that money girl! ahhah

 

[CJane]

Thanks, so when you get a raise, his order goes up?

It can work that way here too... which is why I always chuckle when people post and say "If only he/she would get a JOB so I could pay less"... it's definitely a be careful what you wish for scenario.

When my sister divorced, she was a CNA trying to get her LPN and making crappy money. Her husband was chief of police of their town. She got custody, he was ordered to pay around $400/month in CS for their 2 kids.

Fast forward 12 years...

She's now an RN and has a great job. Her ex is chief of police of a different town in a different state and has 3 kids w/his newish wife. HE gets pissed, and files a modification so that he can 'stop writing the bitch checks every month'.

Due to HER increase in income, HIS CS to her doubled. He was NOT pleased.

Also, it takes a pretty significant change in income (in my state) to make much of a difference in CS.

I just ran the numbers and if my income doubled so that it was the same as Stupidhead's... his CS would only drop by $50/month... not exactly the pay day that a lot of people expect when income disparities narrow.

 

[my life is mine]

Wow that is interesting, just did numbers for my State and I was mildly suprised at results.

 

[nextwife]

Naww.... I modify just to get on his nerves...LMAO

CA doesn't have that 3 year rule most states have adopted for CS modifications. Here, we can modify anytime the order will increase or decrease by either $50 or 20%.

A promotion and our contract renewal resulted in my CS order being modified twice in a year... not that I see any of the money, but I get a kick out of making life difficult for him sometimes...

oooo...that sounds evil.

Wow. I'm in commission sales. If I paid CS, based on your system, it would go up or down every MONTH. But then, we who live in the world of commission income EXPECT income to vary, and don't rel;y on it always beiong on the "up" side..