Child Support

[got_no_rights_man]

Okay, Hopefully somebody can help me. I live and work in Maine ( in the Coast Guard). I had a support order from divorce in Rhode Island. My ex first took me took to Court in Mass. to get support raised and then she took me to CT court and got it raised again. She currently skipped out to CA with the kids and refuses visitation. Now I need to get this lowered because I got a new wife, 5 yr old daughter, and got one on the way in June. I am paying 235 a week to ex for our 2 sons below 12yrs. old. She is remarried as well but has not worked or sought to help out in the support of our boyes in 7 years. Support is garnished by MA CSE. I really need to get this lowered and because of the financial burden, I cannot afford an attorney, however she is always bank rolled by her mommy for lawyers. Can any one help?

[ocean]

Since the order is in MA, you will need to go there and do the modification. They will ask to see your taxes from last year and paystubs from now. Look on-line for the MA childsupport calculator and see if it would be lowered. You can see IF Ma alllows for a reduction for other children. Some states do but mine does not. It really is just crunching the numbers. What she does or how she gets other money really will not come into play. Good luck!

[leon clugston]

she is refuseing visitation, get reday doe youre suppoprt to go up again, she is simpily setting you up for non visitation which leaves her acquireing more costs.Realilisticly the only way youre going to get support lowered is to get more time w/ youre kids, its BS that a new family has no rights but thats the game they play, what it does is keep you in the welfare sytem too, and that is what they want, everyone on there state created right(gratuity).

[KAT]

Since no one lives in the state of origination or even in the state where there was previous modification you can try to have the current state (that does have jurisdiction) release it to CA (which might save you a few bucks) or to where you live now in Maine (I think Maine is on the high side of support). Work up the cs using both state guidelines; see where you would benefit the most.
Also, when you work up the guidelines try imputing your ex's income & also give her zero income. It's strange but sometimes when states use income share it's occasionally beneficial to the NCP for the CP to have zero income. Fair, heck no. Frankly I feel that if the shoe fits for one, it should fit for the other. If one party refuses to financially support the children then they should lose custody.
Are you allowed any tax deductions for the children? If not, modification is the time to ask the judge to throw you a bone! Ask for both deductions & you just might get one!
Request that your ex be responsible for the first $500 of unpaid medical bills per child per year.
Request that your child support be abated during the summer months while the children are with you.
Ask for everything you can think of...you might get 1/4 of it.
Then, once the kids turn 18 sue her for 50% of the child support you paid to her. BOTH parents are financially responsible (just check your court order!!!) but you ended up paying 100%. Time to get that money back!
Motion to show cause (contempt) for missed visitation. See if the judge will make her responsible for 100% of the transportation since she is the one that created such a huge distance.
These are boys right? Well you know once they start to reach a certain age the judge could take their wish to live with you into consideration....a little bribery..Oh well! :)
KAT

[cinb85]

That doesn't seem to make sense to me.

[Ref]

but I seem to remember Soc saying that CA has really high CS. Definately crunch the numbers in both states so you know what you are in for. Also, look at when emanciaption is. Some states go as high as 21!!!

Good Luck
Ref

[KAT]

You see some states use what they call *income share*. So if the NCP makes 3,000 & the CP makes 2,000 per month the total available to support the children is 5k. BUT if the CP has zippo, zero income then it's only 3,000. This of course all depends on how the court divides up the parenting time & other factors but yes, sometimes not bothering to have the judge impute the wages of willfully unemployed CP is sometimes beneficial. That is why I highly suggested to the poster to work it out both ways.
KAT

[Ref]

If at $5000  the amount to care for the child is $1000 and NCP pays 60% of it, that would be $600

If at $3000 the amount to care fo the child is $650 and the NCP pays 100% of it, that would be $650.

I think most states try to make it work that way, I may be wrong

Ref

[cinb85]

if the CP has no income, then the NCP would have to pay a larger amount in CS!  

[cinb85]

nm