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happy_2bmarried's picture

HOw often can someone who gets child support modify childsupport? In the past my husband has paid for school fees
( just a fee that the public schools have here) Extra circricular activities fee,(The BM pays half of the school fees as well). We pay for hair cuts every month,we pay for winter coats, snow pants, snow boots. We alternate every year on school supplies, school shoes and backpacks with their BM. This was before the Court order to pay Child support came in. We were paying before but not as much as we are paying now. My husband is putting his foot down and saying since we already purchased the winter coats, snow pants and boots and school supplies we are not paying for school fees. Our Court order doesn't state that we need to pay for any of these things.If my husband gets a raise soon and she modifies child support could it go up because of the raise and because we have stopped paying for certain things?

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the_stepmonster's picture

In TX you can ask for a modification every 3 years or when there is a significant change in circumstances, which typically means the birth of another child, loss of job, etc. A regular annual raise usually does not constitute a significant change. Hope that helps! As ignoredsm said, its different in every state.

happy_2bmarried's picture

You can get child support lowered if the person paying has another child? In our court case the judge didn't take the fact that we had another child into concideration, and now I just had a set of twins. The things I learn!!!!!

the_stepmonster's picture

In TX you can. The percentages only change slightly and only take into consideration his biological children and the children he is ordered to support, but its something. See the attached. If you have one SK and 3 BK from your DH, the support requirement goes down from 20% to 14.75%. I would ask your lawyer about it.

http://www.co.travis.tx.us/records_communication/law_library/pdfs/calcul...

Newstep's picture

Always refer to the CO if it is not spelled out then it is what is mutually agreed on. In my case it is usually my BF who pays for everything because the BM won't do it but now he is like your husband and put his foot down to stop paying all the extras. If she takes you back for a modification hopefully you can clarify the school fees/supplies. CS should cover the clothing and supplies,fees etc, but sometimes that is not the case.

In my experience with my kids me and my ex each had all the clothes they needed at our respective homes. School supplies and fees were paid for by him one year and me the next.

Oh and yes the CS could possibly increase depending on how much of a raise he is getting and also her financial situation. Does she work?

Disneyfan's picture

The forms DF has say every 3 years OR sooner if there is a change in his salary. So if BM finds out DF got a big raise, she can request a change before the 3 year date. DF has the same option if his salary decreases

NCMilGal's picture

In Louisiana there is NO limit. It could be every month if the CP can find a reason.

We're going to end up paying 50% more CS because DH's pay has gone WAY up, and BM won't get off her lazy ass and get a job, and god forbid they imput an income for her.

Siferra's picture

This is one reason I'm grateful to live in Arizona. Here, parents that choose not to work get automatically credited with an income of 40 hours at minimum wage. There are a couple of ways out of it such as mental disability, or a disabled child that needs constant care, but they're pretty strict. I love rules that make sense!

Rags's picture

Generally CS can be modified every two years at the request of either the CP or NCP or upon a major change of circumstance. There are some variations by state so I would check your specific state for it's CS modification rules.

Generally a major change of circumstance can include a child aging past the CO requirement for CS, loss of a job, windfall financial gains (Lottery, inheritance, etc...), significant increase or reduction in income from employment, birth of a non joint child, etc....

Again you should verify the rules for your state.

As for the problem you have with history and the new CS order.... CS covers everything not specicially identified as an additional item in the CO. Usually an additional support item is something like Health Insurance and Co-Pays or visitation travel. If it is not specifically called for in the CO then your DH is not obligated to pay one fraction of a cent more than what the CO sets his CS at.

Since there has been a notable modification adn increase to his CS obligation the historical support for his kids that your DH has provided is irrelevant and only the CS amount is relevent going forward.

My recommendation is that your DH not pay for anything more than CS unless the kids are with you. The CP needs to learn to manage their household finances and it is not the NCPs responsibility to make up for crappy financial management by the CP. If you and DH choose to spend money on clothing, gifts, etc.... when the kids are with you that is your choice. From now on the CP is going to have to provide "hair cuts every month, winter coats, snow pants, snow boots, school supplies, school shoes and backpacks, school fees" and extracurricular activities from CS and her own income.

All of these things are factored in to CS. We know this because we attempted to get additional money from my SS-18's SpermIdiot for musical instruments, lessons, etc.... We were told by the judge that all of this was factored in to CS. We learned this lesson early. We never needed the money but we damned sure wanted our son to have equitable access to his BioDad's resources, pathetically small though they have always been.

The only thing our CO requires the SpermIdiot to pay for beyond CS is half of visitation travel and half of medical, dental and vision care expenses not covered by insurance. There was a slight upward adjustment to CS to cover medical insurance costs on my employers policy since the SpermIdiot was required to provide insurance for the Skid and never did.

Though this may sound insensitive, the details of how she pays for these things is no longer your DH's problem. He pays CS and the rest is entirely on the CP/BM.

All in my opinion and experience of course.

Good luck.

areyoukiddingme's picture

I can tell you that in MI, where I live, if it is time for a review then yes, it can go up if he gets a raise. However, if it is a smaller amount and under like $100 change to child support per month, they will keep it the way that it is. My DH has gone through this with his Ex-wife. I think that a review will be done every 36 months unless a motion is filed to have the CS reviewed within that time.

As far as the school supplies, coats, etc. That is honestly up to the one paying CS. CS is supposed to help with those things. And I don't blame your DH for putting his foot down now that CS has been ordered. Our rule of thumb when DH's ex comes to us expecting us to pay 50% of something for SD, is that if it's not specified in the order, too bad.

What DH and I do with my BD (that I am ordered to pay) is above and beyond CS, we generally get her new glasses every year, purchase all school supplies, clothes and needs for our house and whatever else we can do if anything. My BD's father takes care of everything else like school fees, dance fees and whatever else comes up.