how to update child support

[denbigh]

How do you update child support. I am really confused as it seems there are differnt ways it is done from what i have read on here. Is there a standar way? I see differnt example on this website of where people have a yearly review after tax time each year to update it based of of latest income tax forms, and then there are other situations where it seems it is a set amount and then you have to go to court to have it updated. How does this happen? Is this what a judge orders if you have to go to court, or does a judge order a yearly review?

If you have a yearly update what happens if income goes up or down from a raise, or a new job, or losing a job. Do you change chid support immediatly, or keep it the same until the next shceudled yearly update? It seems like in cases where child support is a set amount then the person who lost their job has to go to court to say they have a hard ship to try to lower it. But if you have a yearly update does it lower at the update? Or are updates for increases only, and never for decreases, you have to go to court for that?

what happens if one parent decided to leave theri job and take a lower paying job, and left the first job voluntarily, does childs support lower, or it would same the same?

It all seems very confusing and I am not sure what to put in our agreement

[kate331]

I don't think its something a Judge orders unless you ask for it. I think a yearly review is a good idea to avoid either party from seeking the courts help in either increasing or decreasing support. I am not sure how this works with FRO though, I am still a newbie at all of this.

My ex asked the court to lower his child support while he is on stress leave and they did not. Instead the Judge encouraged him to seek additional medical interventions to get back on his feet (see a psychiatrist instead of a family Dr.).

From what I have read on here and on Google, a Judge can input an income if they feel a parent is intentionally unemployed to avoid paying support.

[rockscan]

This was from my partners lawyer so take it for what you will...

Technically child support is to be updated when income changes so the children benefit immediately because child support is for the children. Most of the time though, the agreements are written to say tax time with the update because not everyone has income that changes. In this economy though you see a lot of people having income changes repeatedly prompting multiple updates but its better to just go by taxes.

The bigger problem is that if you cs is high and the change brings it down, the receiver is not going to want to reduce which is why many people end up in court.

You don’t need to go to court if you both are reasonable. You simply update and pay the new amounts. If you are with FRO, they take an agreed on form to change it.

[denbigh]

in situation my ex often changes jobs, so I am not sure what to do. at first I thought a yearly update made sense and if job changed then just adjust after the next tax time. Now has quit job and doesnt have a new job and wants to decrease child support significantly, not wait until next tax time. Is this reasonable?

[rockscan]

Are you off set?

[kate331]

Did he change jobs often when you where together? Why did he quit his job recently before finding a new one, when he has children to support? The Judge at our motion had to tell my ex that he still has a "family" and the responsibility both financial and emotional to support them.

If you think he is doing this to get out of paying child support, and he is capable of earning a salary (no medical reason), then I would be asking a Judge to input him a salary.

[denbigh]

No its not offset. Has a history of leaving jobs frequently but has been in same job since separation until now, when quit. This is first time has quit since separation. I have no idea why! Generally when the going gets tough, the tough get going, has been the reason for leaving past jobs. Says is looking for work. I have no idea how long will be without a job and if income will be higher, lower , or same. I suspect it will be lower. So I am not sure if I should accept the lower child support is offering, or ask for what it would have been had he kept his job. Right now is when he was going to start actually paying child support, previously paid some bills rather than "chidl support". So this is all out of blue for me, although he may have been planning this. its hard to say. Might have also just got upset about something at work and quit spurr of the moment, that has happened before too.

[kate331]

Your ex sounds alot like my ex. Our first year of separation my ex was also paying some bills instead of CS, once I started the court process that changed and he was ordered to pay on his average of the last 3 years tax filings. Not his reduced stress leave pay.

Where are you in Court proceedings? Have you been to a CC yet? Or are you trying to work this out together?

[HammerDad]

I send my ex an email whenever my income changes.

When I get my annual review and salary increase, I send the ex an email and let her know I got an X% raise, which brings my salary to $Y. That c/s on $Y is $Z, and then copy in the link to the guidelines.

The one time I took a lower paying job to be closer to home she did make a fuss. But over time my salary has increased significantly, so she hasn't had much to complain about for years.

I do this because it ensures I am not the party who could be found to be unreasonable in relation to c/s.

[rockscan]

Did you just reach an agreement or still in proceedings?

If you just reached an agreement and you feel he did this to avoid paying I would ask him for a copy of his dismissal papers and what he is doing to continue working before making a change.

If you are still in proceedings I would request an income be imputed to him.

He can’t simply quit his job to avoid paying and if you agree to lowering it so soon after your agreement you could be stuck and if he decided to stop working going forward you would have no way to get him to pay.

Try the first option and then you will see what the reason for his job loss was. Its one thing if its a situation of seasonal work or regular lay offs but if he was working fine and then quit to avoid paying cs then there is a problem. Or if he is notorious for losing his job and has skills/ability to keep a job but refuses you may need an imputation.

[denbigh]

no, dont have anything signed yet. Was just going to go by last years income, but maybe will have to average it over last 3 years. That was all full time work, jsut different jobs. I dont think ex quit in order to pay less, likley that is a coincidence.