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Has anyone in FL managed to have an existing CS order revised according to the new guidelines that became law in 2010/11?

stepmom31's picture

See this:

http://bauerfamilylaw.blogspot.com/2010/07/child-support-changes.html

Just wondering...

Under this new law DH definitely will have to pay less.
1. We have them every weekend instead of EOW, so > 20% time.
2. BM will not be able to claim income as ZERO.

But I don't know if it will apply to Modifications, instead of New Agreements. :?

Has anyone in FL managed to have an existing CS order revised according to the new guidelines?

Anybody planning to try?

Comments

stepmom31's picture

Thanks Lolagoth069! I would love to hear how things go in court.
And all the best to you!

Butterflykissesandlicks's picture

This is a great victory in FL for dads who are having to "pay" for lazy BM's! Way to go FL!

I think that they are starting to see the abuse of CP who are not moving forward with their own lives and futures and using the kids to avoid doing such.

I bet there will be quite a few bitter BM's ???

stepmom31's picture

There'll be bitter BMs ONLY IF the new changes are actually implemented somehow.

'Tis a game of wait and see... :?

stepmama.of.a.prince's picture

Oh! how wonderful! FDH and I have a court date in the next few months for our 2nd hearing with BM...she has yet to produce information regarding her pay, and is now choosing not to work, as she is in school (so FDH is paying for this)...and she refuses to allow us visitation, even though we have a 'right of first refusal' in place, and has her parents (who she lives with) watch him whenever she can't (frequently)...

I will certainly give you an update when we go to our next hearing, and I will mention this to our lawyer and FDH! Smile

stepmom31's picture

Thanks stepmama.of.a.prince! I would definitely appreciate an update when you guys go to court.

It would be interesting to know too, if, since she's going to school (supposedly to get a better job and better salary) if the courts will let her off the hook for the while, but actually stipulate some specific time to review the finances once she's finished, with the view of increasing her share of the CS obligation.

Our BM has mentioned going back to school to get certified (for better job, better salary) but it seems she intends to hold off on this until the last minute possible, i.e. until the kids are nearer 18 so that she can cash in the CS $$. Because sure enough, if her salary goes up and DH's salary stays the same, HER portion of the Basic Monthly Obligation goes UP and DH's goes DOWN.

Anyway, I do wish you guys all the best!!

Gmama's picture

We live in MN,, and I think ALL these states have a long ways to go to figure out these BMs,,my kids recieve SS benifits and I need to keep
reciepts for the whole year,, I don't understand how these women get
away with not showing where the money's all going,

NavyChiefWife's picture

We are about to have the new laws used with DH's child support as well as imputing BM income since she is purposely underemployed (claims to make only $126 per month).
The BM took DH back to court September 2010 demanding an increase in child support (DH already pays $1grand a month for 1 child). The new FL laws started just days after the court hearing. The case was still open as of January 2011 due to nobody could decide what the correct calculations were (her attorney kept claiming something totally different than what 3 people came up with). As of January 13th they filed the new court orders that included the wrong amount (her attorney used an incorrect amount-almost $1grand more than what he really makes- for his income which then raised his child support another $160 a month). They also did not use the new child support laws when calculating.
We are now in the process of trying to have DH's income amount corrected, but also requesting to use the new laws for the visitation as well as imputing BM more money (she has a degree she was hiding and is choosing to only make the $126 a month so that DH is forced to pay more). BM loves to play the "poor card" in court, yet her husband makes over $10grand a month. That is how she is affording to barely work. Unfortunately his income doesn't count so she ends up looking poor.

DH has long distance visitation and the BM has done everything she can to try to prevent him from exercising that. Now that the new laws state that if he gets SD 73 overnights or more the CS will go down, she has been trying even harder to prevent his visitation. She is just all about money and control.

DH has a conference call with his attorney on the 2nd to discuss the child support issues. We are hoping that we will not need a whole new court hearing to fix the errors and to calculate by the new laws. I will give you an update as soon as we find out whats going on. I really hope we can go ahead and use the new laws. We really need the decrease in CS. We have 3 other children to care for and I don't think that the BM needs over $1grand a month (plus arrears and attorney fees) for one child. I know I don't spend $1grand a month for each of my children!

stepmom31's picture

Thank you for this update!

So BM is living off her new man and therefore, getting away with having almost zero financial responsibility for her child - this pisses me off! Of course her husband isn't responsible, but WHEREVER she's getting $$ from to support herself, a portion of it should go toward the child since she CHOOSES not to work, right?! There is no way your DH could CHOOSE not to work and then not pay child support, this unfairness really pisses me off.

Good luck! I look forward to your news and I sure hope you get a lucky break!!