CS modification
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My FDH and I recently bought a house and his mother loaned him some money for the down-payment. His old place sold and the closing is coming up. He'll need the money from this sell to pay his mom back and go towards expenses of the new house.
Well, whadya know, BM must've found out his old place sold because he just got notice in the mail that she's taking him back for an increase in CS. She just took him back last year and got $35 more per month...hehe. Anyway, he hasn't received a raise or anything, so she must feel that she should get more because of the sale of the house (she never lived there and they were never married).
Anyway, can one party get a raise in CS because the other party sold their house?
Thanks.
Oops! I'm in PA if that
Oops! I'm in PA if that helps...
Is there any kind of
Is there any kind of documentation proving you owe the money to his mom? If so that would be really useful. If not, then having MIL come to court as a witness and her having maybe bank docs or something pertaining to the money loaned to you guys and then also having the loan papers stating how much you put down would help. I know here (VT) they ask for a financial affidavit which BM had to have lied on (she recently filed for CS again). They do ask what you have in savings and if you recently sold anything. Even the lawyer said the affidavit is a joke though. I could see them increasing based off an increase in pay but if money is owed that falls under debts which is in your favor. Plus if by chance you can tie the money up in house renovations soon enough she prob wont be able to touch it anyway. They are looking at income and money on hand (at least in our state). I don't see where she should get extra money cuz he sold his house she never had anything to do with.
Thank you so much for
Thank you so much for responding. They will be meeting in a domestic relations office, so no court as of yet.
I think FDH read that if there is a net profit income that needs to be shown on taxes, it could also be figured into support, but this could very well have been interpreted incorrectly.
http://www.familylawyerspitts
http://www.familylawyerspittsburgh.com/are-capital-gains-considered-inco...
which by the way, you just reminded me of something and I am getting a bit pissed off…hmmm…when DH sold his house, his sister demanded some money from him which was actually supposed to be money he paid to ME since I saved his house from going into foreclosure…now I am wondering if it was crazy BM who got that money…if so, DH might be out of here sooner than I thought…hmmm
Ha! Thanks so much for the
Ha!
Thanks so much for the link, FDH and I will look at it this evening!
Check the PA CS modification
Check the PA CS modification schedule. In many states CS cannot be reviewed any more frequently than 2 years following a modification unless there is a major change in circumstance (e.g. large inheritance, lottery win, big promotion or raise at work, etc....). Selling one house and buying another is not a major change of circumstance and the details of mortgage financing are irrelevant to a CS modification hearing.
If PA has the two year rule then DH needs to take the stand that BM just received an increase in CS last year and is not eligible for a review of CS until next year. He should also point out that there has been no change of circumstance in his income and this is nothing more than BM harassing him and his family. Heck, he should ask for a RO preventing her from harassing him for CS or any other money except in alignment with the PA rules governing CS. Far too often in blended family situations a toxic opposition BM or Bio Dad is little more than a professional in the breeding for dollars prostitution on the installment plan industry.
Have some fun with this and bare BM's ignorant manipulative ass. }:)
I would.
Thanks Rags! I can't wait to
Thanks Rags! I can't wait to read your response to my FDH, I think he'll get a kick out of it!
Yeah I know in most states
Yeah I know in most states you can't legally ask for an increase in CS after just one year. Considering he hasn't gotten a raise or anything, I think you guys should be just fine.
Yeah, I'm pretty sure that's
Yeah, I'm pretty sure that's what FDH read on a PA site last night.
I'm not sure what the hell she's doing. :?
I just found this on a PA
I just found this on a PA site if anyone is interested:
Modifying Child Support
Modifications to child support will not happen automatically. One of the parents must request the change by a formal motion to the court. The court that makes the original child support award has the authority to modify the order if conditions change. Either parent may request the court to change the order throughout the time the child is under 18.
When can child support orders be changed?
Child support orders cannot be changed on a whim or because a court thinks that "it is time." It must be based on evidence proving that there is good reason to make the change. This usually requires that a person who wants to make the change show a changed circumstance. You must show that the facts that existed when the last order was entered have changed. (In the many years a child support order is in place, the parent's circumstances may change many times.) For example, in New York, if one parent's income has changed (either gone up or down) by at least 25%, this is considered a big enough change to require a change in the support order. You can request a modification for a lesser change in income, but will not necessarily be guaranteed a change in the support order.
What circumstances might require a change in support?
Many different scenarios can create changed circumstances. For example, if the paying parent has had a large increase in income, the court can order the child support increased. Or, if the child's needs grow, such as if the child becomes ill or disabled, the amount of support can be ordered raised. Sometimes the mere passage of time creates the changed circumstances. For example, as a child grows older, it becomes more expensive to buy clothes, food and other necessities. These increased expenses can be enough to justify a raise in the support order.
Support can also be reduced if you can show why this would be fair. For example, support payments may be reduced if the custodial parent inherits money, gets a large raise or otherwise has an increased ability to support the children. Or, if the paying parent loses his or her job, the court can be asked to reduce support during the period of unemployment.
Are verbal changes OK?
A mistake many parents make is to reach informal oral agreements modifying child support. This can lead to future problems. For example, the following scenario is very common:
Peter paid his former wife Alice $400 a month to support their son. When Peter was laid off, he called Alice and said, "I just got laid off. I can't afford to pay $400 right now." Alice responded, "Okay. Pay $100 for now."
Ten months later, Peter was rehired and raised his support payments back to $400. During his layoff, Peter had made 10 payments of $100. Alice called and told Peter she expected him to pay the $3000 he had not paid during the layoff. Peter replied that he did not owe the money because they had agreed to the child support reduction during his layoff. Alice disagreed. She claimed that she had not given up the right to $400 a month but had merely permitted Peter to defer full payment until he was rehired.
When Peter refused to pay, Alice took him to court. The judge ruled that the evidence did not support Peter's claim that he was excused from $300 per month of his support during his layoff. He was ordered to pay the $3000 to Alice at the rate of $100 a month, in addition to the usual payments of monthly support.
The problem with oral agreements is that they are often vaguely worded and the memories or understanding of the parties may often differ. Any agreement you make to modify child support should be put in writing so that there are no misunderstandings later on. It is also a good idea to have a judge sign a court order based on the agreement.
So it sounds as though a
So it sounds as though a modification can occur at any time if the parent who receives support can show proof of an increase in the payer's income. Unfortunately, it doesn't include a complete list of what is considered 'income'.
In CT, "significant change in
In CT, "significant change in circumstance" is the only way you can modify child support and/or alimony. A sale of ONE house, ONE time for ONE amount of money doesn't qualify as that.
I'm gonna go with a "no" on this one.