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Could DH get CS modified?

CaliforniaSM's picture

Long story short, BM filed for CS modification the end of 2013. Paper work came back and basically said she couldn't prove she needed more money. Naturally, she took DH to court for more custody. DH got *excuse my french* fucked by the attorney we chose (did nothing he said he'd do and laid down to BM). So DH did lose a little bit of time. BM now has SD5 68% and DH 42%. BM got CS raised from 450$ a month to 950$ (DH made a lot more money than he his currently making now, about 40,000 less this year) plus he pays insurance since his work does not offer it and half of her child care. BM also wasn't working when she filed for more custody, she currently now has three jobs. We are barley making ends meet and in fact, late some months. I'm 3 months pregnant and I'm wondering if DH files if we have a real shot at lowering payments at least a little bit since he's making less money with more bills and BM is also making more money with not very many bills.

Thank you.

CaliforniaSM's picture

*Asking before hand because as soon as he does ask for modification BM is going to go on another WWIII rampage.

Evil stepmonster's picture

I'm not sure about the law where you are at, but from what I've been told this is pretty common in all states. Usually you can get a review every three years. If it has been less than three years he needs to go to the oag and fill out the paperwork to request a cs modification review. If he is making 100.00 or more less a month then yes he should be approved for a lowered amount. The insurance is factored in as well and if possible wait until the baby is born. Here a mother will get 21% of his net income for a child but if he has another child that is dependent on him that lowers to 17%. You shouldn't need any lawyers even if BM has one. As long as he is making that much less there's nothing she can do about the modification.

CaliforniaSM's picture

Thank you all. Here it goes off of both parents incomes, and DH made a lot more than BM (obviously because she quit her job before filing). They CS was the same amount for 4 years and she sent in for more custody two days after she found out we were married.

I'll wait until the baby is born, I do feel CS is needed but the amount she gets for the 'needs' of a 5 year old are the same amount my SIL gets for 5 kids lol.

*Another question, with the CS she gets do we still have to spilt certain things besides medical? Like my SD5 is in cheer, BM signed her up and there was no courtesy discussion before hand and there is a 2 hour practice on the only day of the week we get SD which pisses me off anyway because I'm stuck there and that's time taken away from DH to be spending with her. Do we have to split the cost of that? It's 400$. Also, her 'hot lunches' at school, shouldn't BM be putting money on that account every week for SD? Most of the time I'm having to pay the school because SD is negative, even though I like to pack her lunches on DH days to make sure she is eating a nutritious meal. I guess I'm asking if anyone has an idea of what should be paid for through CS and what doesn't count. Seems like DH has just been giving her CS to piss away with new boyfriend and DH is still having to pay for everything, or at least half of everything.

CaliforniaSM's picture

Thank you!
I figured that much but it's hard for DH when BM guilt trips him "SD really wanted to do it but I'll just tell her that her daddy doesn't want to pay"

Even though 'daddy' is paying almost 1,000$ a month so she can do these things. Lol.

simifan's picture

If you can prove what his income is it SHOULD be lowered. That being said we proved my DH was making over 10,000.00 less & was told well you haven't missed any payments so you should be fine & CS was left as it was.