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Main Forums => Dear Socrateaser => Topic started by: Ref on Oct 23, 2006, 06:02:25 AM

Title: Increase in CS when only a motion to decrease was filed
Post by: Ref on Oct 23, 2006, 06:02:25 AM
Soc.

How does this work? I filed for a decrease when I lost my job last year. Since then he has started his own business. Based on distribution amounts, he his making slightly less then he was when they last negotiated an increase.

Apparently BM's attorney filed a suplimental petion for 2 counts of contempt and modification of visitation BUT she did not file for an increase in CS. Apparently it slipped her mind and only realized it when my attorney called her on it.

1. Can my CS increase is no motion to increase was filed or is it more likely that it will be the same until such a motion is filed?

Thanks
Ref
Title: RE: Increase in CS when only a motion to decrease was filed
Post by: socrateaser on Oct 25, 2006, 07:48:30 AM
>1. Can my CS increase is no motion to increase was filed or is
>it more likely that it will be the same until such a motion is
>filed?

Generally, a motion to modify support is just that -- a motion to modify. It doesn't specify up or down. The court won't make the other side file a new motion -- it will just calculate support and order accordingly -- up or down.
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