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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 07-11-2016, 05:25 AM
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Default Child support support needed

I have a few questions about child support. A year after order in place ex got a raise. I asked to change chuld support amount. I'm not getting a response from the ex to agree to a change in child support. Next step is a motion.

1. What amount is wortth a motion? My ex's pay went up last year which changes child support by over $100/month.

2. Can I ask the court for a retro payment from ex? Child support was supposed to be adjusted a few months ago. Ex dragged feet disclosing Financials and now not responding to have child support adjusted. Should I ask for costs as well?

3. Does this change percentage for s.7 expenses and do i ask court to change this on motion as well?

4. Should I ask the court to be removed from fro? There's no issue about payments being made. It's mire about the hassle of going through a motion every year to adjust an amount.

5. Is it fairly straight forward to self rep this sort of motion? What's the likelihood of amount being changed? Is there any reason a judge would deny the change in child support?
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Old 07-11-2016, 09:11 AM
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Someone else may weigh in but from what I understand, if its in your agreement to share financial info then you should file a motion for financial disclosure and then request cs update from there. That will give you an order for FRO.

If he was willing to provide updated income info you could work through FRO yourself as they have a way to update voluntarily. That will save you money and time in court.

You could pitch it to him that way. Send him an email basically laying out that your order dictates he provide annual disclosure for updated amounts. Should he fail to provide you with this required update within x days you will file a motion for disclosure with the courts and request costs." Then you would file the motion.
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Old 07-11-2016, 09:14 AM
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Just reread your post. You have his updated info? If yes, contact FRO. You can probably file updated paperwork with them first. Calculate the retro amount and file a statement of arrears as well. All of that will be provided to him to pay. If he refuses, then you will need a new order.

Your best first step today is to contact your case worker for info. Might save you the trip to court. When you speak to them, ask them what possible actions he could take against it and what you will need to do.
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Old 07-11-2016, 09:39 AM
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I was under the impression that fro doesn't change amounts even on consent. That a motion to change support is needed. Which is a pain if it has to be done annually.
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Old 07-11-2016, 09:52 AM
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Talk to your case worker. My partner was told his ex could file paperwork other than a motion to update. He provides all his information to them but they cant do anything with it without her consent.
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Old 07-12-2016, 05:59 PM
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Can the child support amount agreed to in a court order be reduced if the recipient's income increases?
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Old 07-12-2016, 06:07 PM
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Quote:
Originally Posted by keepcalmandmoveon View Post
Can the child support amount agreed to in a court order be reduced if the recipient's income increases?
The reason I ask is because I was told even if I earn $100,000 more than my ex or I become a millionaire it doesn't change the amount of child support I receive via the order. Only s.7 expenses would be effected. Is this correct? It seems wrong and unfair.
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Old 07-12-2016, 07:30 PM
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How is it wrong or unfair? You are either a millionaire or make significantly more than your ex in those scenarios. Its not fair for them to be paying you when your standard of living is higher in those cases.

CS is based on a calculation determined by income levels. It is to make sure the child(ren) receive a portion of the income from the other parent for their living expenses. Its not meant for the ex to get rich, live off their ex's income or drive the payor into poverty due to spite.

If the ex's income goes up cs does not get reduced. The tables are clear. The only ways cs gets reduced is if a) their income goes down; b) a child no longer is a "child of the marriage"; or c) the custody arrangement goes to an offset model.
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Old 07-13-2016, 06:20 PM
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Quote:
Originally Posted by rockscan View Post
How is it wrong or unfair? You are either a millionaire or make significantly more than your ex in those scenarios. Its not fair for them to be paying you when your standard of living is higher in those cases.

CS is based on a calculation determined by income levels. It is to make sure the child(ren) receive a portion of the income from the other parent for their living expenses. Its not meant for the ex to get rich, live off their ex's income or drive the payor into poverty due to spite.

If the ex's income goes up cs does not get reduced. The tables are clear. The only ways cs gets reduced is if a) their income goes down; b) a child no longer is a "child of the marriage"; or c) the custody arrangement goes to an offset model.
When I said not fair I meant for my ex if child support doesn't decrease if I get a raise.
I'm confused. If I get a significant raise at work the amount my ex pays me will go down or it won't. From what I've been told child support doesn't go down. Everywhere I read it only down if the ex's wage decreases.

What does this mean and where did you find it? c) the custody arrangement goes to an offset model
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Old 07-13-2016, 07:22 PM
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Child support is based on HIS wages not yours. You can have double the salary and it makes no difference. Whatever his annual income is, he pays you the table amount.

The OFFSET way is if you have 50/50 physical custody. Then you pay an offset amount. That is--you figure out the table amount with your income and he does the same. The difference between the two is paid to the lower earner. For instance: table amount for you is $500, table amount for him is $700, he pays you $200.

You never said if you are in an offset cs method. Im assuming he pays you full table support. Is this the case?
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