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Author Topic: CP not working to get an upward modification?  (Read 2464 times)

ukiltmybrutha

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CP not working to get an upward modification?
« on: Jan 05, 2013, 03:09:58 AM »
CP has been unemployed on the books for a year or so now. Rumor has it that her official excuse is....she won't go out and work because any money she possibly earns will be tied up in day care costs for her new kids.
I am guessing that generally all she has to do at this point is go to court and ask for an upward modification citing an inability to find work? CS State is Florida which is a "2 income State"
I imagine that would be all a CP would generally have to say based upon many years of reading and experience.
Thanks
 
 


MixedBag

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Re: CP not working to get an upward modification?
« Reply #1 on: Jan 05, 2013, 05:32:55 AM »
you know -- could be REAL TRUE on her part day care is NOT cheap.


There is case law in WV that says basically that it's in the best interest of the child for the mother to stay at home with the children -- found it many years ago, and yes, it's buried in a box up in the attic.


However, I'm assuming the child(ren) where you two are the parents are older -- maybe even old enough to go to school already....


So your approach becomes to ask the court to impute her wages to minimum wage and go from there.


She may get credit for having other younger children.....in the overall formula .... so be aware that THAT can happen too.


Crunch the numbers on an on-line FL calculator -- see what the real difference is -- and then make a decision about what action to take.

 

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