SPARC Forums

I'm looking for anyone who has heard of or experienced automatic stair step increases of CS.

Short history:
DH started a business in Nov 04 while maintaining his FT IT job. He was unexpectedly laid off due to the SBC/ATT merger in May 05. He filed for a decrease immediately. He worked his business FT while looking for contract work in the IT field. Because he is self-employed, the CS proceedings are moving at a snail's pace. He paid the full amount of child support for 6 months. Once his money ran out and he started bouncing bills, he unilaterally cut back his child support to be in line with his new salary; therefore, putting himself in contempt. However, given the judge's discretion of making the new CS retroactive, DH has actually overpaid, but that won't be formally decided until we either settle or go to trial. Until then, he's technically in contempt.

DH was deposed last week by BM's lawyer and did SO WELL that BM's lawyer has instructed BM to settle because there is very little chance that a judge will maintain the high CS; if she continues to fight, her lawyer fees will eat any type of decent amount of CS she might get. Our lawyer instructed us to think of an adequate settlement as well. We are seriously considering writing in an automatic increase of CS over the next 3-4 years that will give DH the temporary relief from the full amount that he was originally ordered to pay and allow BM yearly increases of CS instead of having to wait every 3 years.

So, I'm looking far and wide for anyone who has ever done this type of automatic increase. I need something that is high enough to be acceptable for BM, yet low enough that we don't get ourselves stuck with something we can't pay if the business doesn't continue with its forward momentum.

This requires some out-of-the-box thinking, so ideas are appreciated.

Thanks.

after taking a look at thye facts and the likelihood that DH would get a deviation from guideline, BM settled.

In it Dh's CS was set at $250 per month until SS turned 13 (usual is stepped up at age 12) and then it would increase to $300/month. Now BM and DH combined make less than $5K a month net, so it is a good deal for her. Also, BM now gets the tax exemption every other year - where before she NEVER got it. SS is now 15 and the order needs to be changed again due to other circumstances, but those would not apply in your case (at least I hope and pray they don't).