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Author Topic: successfully changed child support downward with the new law  (Read 2744 times)

spinner

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I figured I would post my storry here for others.

Never give up never surender !!!

SO I filed a motion to have my CS changed based on the fact that my salary had upped 20%. The judge heard the motion.

During the motion we had to define how many nights I had and the other party had. I successfully proved that I was in the 46 to 50% bracket which is hudge since before and still the other party has foll physical custody and me only parenting time but now with the 50% bracket put in an order this is as good as shared physical custody.


my salary, her salary, there too I was very surprised when I filed to see that the CS sent a record of eachother's salary that the DEED kept on record. Except that mine and the other party was wrong. I argued that the data was wrong and the judge agred to look at our paystub instead of the report pending that we produced W2 as well to confirm which we did

So in short with my salary increasing I was successfull in decreasing my CS (be sure to calculate your case) and in the process to secure the fact that I am now in a shared physical custody bracket.

Oh and I got to cancel the COLA as well in the process since the CS amount changed :)

Another thing you need to know is that in the expedited CS process the magistrate will tell you that the court rules does not apply. He will furthermore explain that he will receive reasonable hear say. this is hudge, this means that you can bring any proof you want. "I have a letter from my neighboor saying that" the judge will accept it. this is hudge. get your friends to say that you have your kid that day and that other day, ...

I also used the parenting time tracker (the sparc one) and this is the 2nd time that it lets me secure a win in court.
The key is not to simply fill it but to also  add comments, cost, what you pay, .. the judge will look at it even though they only count the days and gage if you are a good dad or not and worthy or not of cutting your CS.
In mine I document all, tooth lost, bought this, spent so much on groceries, ... all this helps since the the judge has to gage the percentage of nights to offset your CS. if he judges that you pay for this and that and this and that he will think it's ok to give you a break. he also will read that you document all which makes your night count is good.

good luck to all and feel free to ask me ANY questions


Crockpot

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RE: successfully changed child support downward with the new law
« Reply #1 on: Jul 20, 2007, 10:49:35 AM »
Congratulations!  I'm glad to see the system work!  I gotta get SO on that tracker too.

Take care!

 

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