Child Support Issues

[daisykay]

Hi, I am new to the boards. I have some questions. My ex and I finally split and signed a seperation agreement in Jan of this year. We sold our home and moved out in April and I bought my own place. At the time when we signed the seperation agreement, we agreed to keep the CS low so that he would still be able to get a mortgage. I have now come to realize that the amount he is paying is way too low, and I can barely afford living. I have the two kids full time, except for every second weekend and a couple hours one night a week. He makes approx. 65K and according to the Guidelines should be paying over $900/month plus 1/2 of daycare. He is paying $200/mth. I have approached him about this, telling him I wouldn't want the full $900 that would be hard on him, but an increase is due. He refuses. I have spoken to a Lawyer who states that there is conflict in our agreement and it would be thrown out of court anyways, and when it comes to CS, I can file forms with the court to proceed with requesting the CS be increased.

Has anyone gone through this, or something similar to have the CS increased? He wants to see a mediator and talk about finding a way to split custody 50/50. I would be ok with that, but his schedule won't allow him, so one night he would pick them up at 5:30, one night 5:45, one morning bring them back at 5:30m, and it is just a mess. He would never be able to pick them up from daycare, and barely be able to bring them to daycare. It wouldn't be 50/50, but he just doesn't want to pay me a dime more than he is.

Sorry, that was very long winded.

Anyone ever file with the courts to increase CS? Was it a very long batter, and very costly?

 

[Janus]

Do you have a reason for not wanting to share custody of your children?

 

[good_mom]

What would be the anount for CS shared?

Remember 60/40 split is shared.

Funny thing is that this should have been covered by ILA before you both signed the agreement.


What does the agreement say for CS payments? When is this to be review?

Most people do a review of the CS amount every year to reflect the change of incomes of both parties.

You may want to offer him more time with a CS going up to the Share amount.

I don't understand how people think that when the marriage is over that the kids should be the ones loosing a parent or a parent can choose to opt out in being involved in their childs life!

You can't earase or change a childs DNA.

 

[NBDad]

Did you have independent legal advice when you signed the original agreement?

You can (and should) file for an adjustment in CS yearly after exchanging NOA's. It SHOULD be a simple "on consent" (ie. rubber stamp) process...however people fight it tooth and nail.

Hence why I say you need to do it EVERY year, even if it's just a few dollar's difference. It helps to establish a status quo pattern that you can use if the other party decides to be stupid.

File the paperwork, if you push, he'll lose and will pay table amounts. CS is the right of the child, he cannot get out of it.

If you agree to a shared arrangement, the pickups/etc become HIS problem. He has to arrange for pickups on his days, you should not be bailing him out.

Hell, do week on/week off, with the pick up/drop offs done at the kids school. (Monday to Monday).

His weeks are his issue, your weeks are yours. CS would go to OFFSET table.

 

[OrleansLawyer]

Anyone ever file with the courts to increase CS? Was it a very long batter, and very costly?

The likelihood is guideline child support will either occur at case conference or a motion shortly thereafter. It is not a complicated issue.

 

[Tayken]

The likelihood is guideline child support will either occur at case conference or a motion shortly thereafter. It is not a complicated issue.

Generally, it can happen at case conference *if* and only *if* the both parties swore and filed Form 13 Affidavits.

It usually only *has* to go on motion when one of the parties has not filed financial disclosures (or both didn't) in accordance with the Rules.

But, a justice provided Form 13 Affidavits can (and often will) order Child Support at a Conference. This is a "technical" order that can be made by a justice and does not necessarily require (to the best of my personal knowledge) a motion to determine or the consent of both parties.

Good Luck!
Tayken

 

[HappyMomma]

Generally, it can happen at case conference *if* and only *if* the both parties swore and filed Form 13 Affidavits.

It usually only *has* to go on motion when one of the parties has not filed financial disclosures (or both didn't) in accordance with the Rules.

But, a justice provided Form 13 Affidavits can (and often will) order Child Support at a Conference. This is a "technical" order that can be made by a justice and does not necessarily require (to the best of my personal knowledge) a motion to determine or the consent of both parties.

Good Luck!
Tayken

Follow up question - I have a current order outlining offset CS, to be reviewed annually. If there is a material change in circumstance (ie: unemployment), and the other party does not consent to a change in CS, can this be ordered by a judge at a case conference as well? Or would it need to go to motion?

 

[OrleansLawyer]

Generally, it can happen at case conference *if* and only *if* the both parties swore and filed Form 13 Affidavits.

As commentary, Judges tend to get cranky when parties come to conferences unprepared. It also tends to be the eventual recipient who files, necessitating an Answer with financial statement. Otherwise, they want equalization (split the house), which again requires a financial statement.

It usually only *has* to go on motion when one of the parties has not filed financial disclosures (or both didn't) in accordance with the Rules.

Motions are needed when someone is being unreasonable, a jerk, an unreasonable jerk, or extremely rarely, when there is a very complicated matter such as interim support with a fluctuating business income. Also, complicated or not, the lack of reasonable settlement leads me to believe one of the aforementioned qualities is present.

This is a "technical" order that can be made by a justice and does not necessarily require (to the best of my personal knowledge) a motion to determine or the consent of both parties.

This seems to vary by courthouse and by judge. Rule 17(8)(b.1)(vi) says that an Order can be made continuing periodic support for children or a party. However the Rules do not grant the court the power to make an Order initiating child support.

Nonetheless, some judges will say, "you have to support your children, so I'm ordering Guideline support". Whether this is because the disgruntled party did not repeat their opposition (and thus the Order can be made if unopposed), would be an interesting point on appeal.

Such an Order will never be appealed, however, since the appropriate remedy would be to bring a motion - at which time a cross motion for the continuation of child support (and other relief) would be made, and likely be successful.

can this be ordered by a judge at a case conference as well? Or would it need to go to motion?

If opposed, it should go to a motion.

 

[wannabehappy1978]

its a trap. if he gets you to agree via a legal document that he will see the kids more than 40% of the time youll be out that 200 bucks. keep it below 35% and collect the money your kids deserve.