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modification of cs

Started by LuLu, Jul 20, 2006, 03:32:26 PM

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LuLu

Hi everyone,  I am a sp,  and my dh and I need some help/support. I will try to be brief, and any help/advice is greatly appreciated.
background info:
dh is ncp of 2 kids. one is 14 yrs, other just graduated H.S., and will be 18 soon, and cs will need to be modified (yeah!). :D
 we have one child, and have had guardianship ( through notorized paper signed by my niece) of  child in my  family - child has been with us over a year as well.  we need cs low as possible due to my income dropped by 75%, our child with neccessary medical expenses , and my necessary medical expenses...  bm claims 2/3 less than dh in income.
 
1. will court want last 3 mo. icome pay stubs?  last year tax return is not anywhere accurate - doesn't reflect  my drastic reduced income.
2. oldest might go to college, divorce agreement says cs ends after 18 - and our state doesn't "enforce" support for college - can bm win  continued cs anyway?
3. can dh potentially have reduced cs due to our medical conditions/related costs?
4. we can claim second child since she lives with us on a permanent basis right?  cs was not mod. after child came to us last year.
5. how soon should dh apply for mod. hearing?

again, any help/ advice is appreciated.  thank you.:)

Giggles

Most have a calculator that will give you an idea of what you should be paying.  Typically if it is less than a 25% reduction, they won't modify....but since your 17 y/o will be soon off CS, you have that right there.

Also...they should be basing the CS on your DH's income ONLY, your income should not be a factor at all!!!

Some states (not all) factor other children in the household..you have to find out if your's is one.

I would go ahead and file now because it usually takes 3-6 months for a CS hearing (at least it does in my state).
Good luck
Now I'm living....Just another day in Paradise!!

LuLu

thank you.  since I made my entry, I have been perusing NC state cs laws, and learning alot - it's confusing lol. I thought my income was considered as last time dh cs was increased, my income w-2 had to be turned in too.  I do have 2  questions:
1. our child has diabetes, and the expenses are high - thank god for insurance - we don't qualify for help - can dh ask these extraordinary expenses be considered somehow in the cs mod.?

2. will we need to subject last years tax return and bank statement(I really don't want to), or get by with just dh paystub/w-2's, and how far back 3 orb 6 months?  thanks again for your help !