undue hardship claimed by receipient of child support

[Toutou]

My husband's ex sent him letter stating that she intends to take him to court to increase the amount of child support he is paying due to undue hardship. Please note that he is paying table amount based on his income. Her reasoning is that we are married and our household has higher standard since there are two paychecks coming in and she has to take care of two children on only her salary. I guess she does not count child support of over $1400 that she is receiving right now as money available to her to take care of the kids.

Our first reaction was that she can't claim that, that is only for payors. But then I read more carefully. It would seem that the recipient can claim it too. While in our case it does not apply ( she does not meet the conditions) I was wondering what is the community take on this.

[Straittohell]

She would have to demonstrate that she has special expenses and circumstances that go beyond what the table amounts normally consider, much in the same way that a payor claiming undue hardship would have to demonstrate that they have additional life expenses as a result of their location and/or employment that cut into what the table amounts consider as income.

I don't think she is going to be successful.

[HammerDad]

Tell her to go ahead and try. Just because one parent gets married, it doesn't impact C/S for the other parent. Be it payor or recipient.

This is likely smoke. Ignore it.

[DowntroddenDad]

My husband's ex sent him letter stating that she intends to take him to court to increase the amount of child support he is paying due to undue hardship. Please note that he is paying table amount based on his income. Her reasoning is that we are married and our household has higher standard since there are two paychecks coming in and she has to take care of two children on only her salary. I guess she does not count child support of over $1400 that she is receiving right now as money available to her to take care of the kids.

Our first reaction was that she can't claim that, that is only for payors. But then I read more carefully. It would seem that the recipient can claim it too. While in our case it does not apply ( she does not meet the conditions) I was wondering what is the community take on this.

I've read essentially the same, it was some time ago. But also from my reading the standard of proof is pretty high. Essentially she would have to prove she lives below the poverty line, which if you combine a minimum wage salary plus the existing CS, she wouldn't be able to do. Ironically it would be the high amount that your spouse is paying that would negate her argument.

You are correct that is much more often used when the payor is unable to meet the table support amounts because of the circumstances.

[Straittohell]

I get really irritated when time and time again, the same stories pop up. Dad's being denied access and/or being treated as nothing more than ATMs.

I get that it isn't only mom's that do it, and that dad's do bad things to, but y'all have to admit that there has been a lot of this stuff popping up on the site in the last month.

[Toutou]

she earns about $58,000 and my husband pays about 67% of all activities, even if it is $40 for 6 weeks tennis lessons. I am not worried that she will be successful, there are specific conditions listed in section 10 of the guidelines that need to be met before starting to compare standards in both households, that she does not meet.

However, if she was to have another child, by someone else, and if her salary was lower, based on those conditions, she might be able to ask for increased amount of child support for undue hardship. I do not think that any judge would allow it, but if we just read the law it could happen.

[Straittohell]

A payor can't demand a lowering of payments if he starts a new family. A recipient can't demand an increase of payments if she starts a new family.

There are exceptions to that, but they are few and far between.

Nothing about this sounds like an exception. You guys should invite her to go to court, then win, and then ask for costs.

[HammerDad]

However, if she was to have another child, by someone else, and if her salary was lower, based on those conditions, she might be able to ask for increased amount of child support for undue hardship. I do not think that any judge would allow it, but if we just read the law it could happen.

She would have to ask for c/s from the new father as well. And once your partners c/s and the new father c/s is taken into the equation, even at min-wage, she would like be a net income of near $33k, which isn't that bad. That is equivalent to about $22 an hour, which is near double min-wage.