Questions about modification

[missy]

Ok, question for everyone.

My husband and I have recently had a child.  His previous support order was for $100 a week. We redid the calculations online on the Indiana Support Calculator and found out that he should be paying between 86-88 a week instead.  How hard would it be to get a modification on this since its not 20%?  It adds up to about $700 a year more that shes getting that she shouldnt, and it takes away from our little one.
We provide all the clothing at our house and extras like teeball, etc.  She claims both kids as an exemption (she doesnt work-but her new husband does) every year--and never allows him to.  Plus we have the kids per IN guidelines and extra whenever we are allowed.  We still pay full support the 6 weeks we have the kids through the summer.  Is there anything that can be done?  It wouldnt be an issue, but our bills barely get covered month to month and she never gives an inch on anything.  She had promised him he could claim one of the kids this year, then turned around and let her husband claim both of them instead.  Any thoughts on this?

[wendl]

how long ago was the cs ordered??
you can request that your dh gets to claim child in odd or even years.

Not sure what to tell you since I don't know how long dh's cs order has been since it was reviewed last

**These are my opinions, they are not legal advice**

[missy]

The original order was set up in Sept. of 2001.  The final divorce paper work went through in July of 2003.  Nothing was mentioned about who would claim the children.  Ive just heard that if the amount of CS wasnt a 20% difference than they wouldnt modify it.  But I wasnt sure since his household has changed if they would.  IN is a state where they take in to account subsequent children for child support orders.  Is it better to have an attorney to do this, or can we file a modification through the child support divison?

[momof2]

Just an FYI, some states that do allow for subsequent children of the NCP to be used in the child support calculation only allow it if the CP is the one initiating the review.  For instance, if an NCP has a new child then files for a review, the new child is not a part of the calculation.  However, if the NCP has a new child, and the CP files for a review, the new child is a part of the calculation.

You might want to get a clarification on how IN views this before going further.  Not trying to deter you, just letting you know how it is handled by some states.

[missy]

That makes sense.  But at the same time its not fair.  Courts say CP has to be fair to the children---well how is it fair to the subsequent children?  As of now, in the courts, he has no obligation to that child.  His $$ goes to the previous born and he has no responsibility to the other child--and the courts wont recognize that child unless the CP initiates a new calculation??  I cant say the courts are very fair w/ their child support figurations if they dont count the other.  They say its a "choice" to have other kids---thats BS----sometimes it happens. (hes fixed and shes gotten the depro shots--nothing u can do to further prevent it)  But that doesnt mean the last born doesnt get to be supported as well.
Iwish there was some way to get this changed!!  It isnt fair at all!!  We are still together-but it seems I have to provide all the financial part to our daughter because he has to pay for the others 1st. What really sucks--the kids have a better lifestyle now that they are apart than when they were  together!!!!!!  CS is a joke!!

[MixedBag]

Contact DHR and make an appointment and ask them to crunch the numbers.  

You said IN will take subsequent children into consideration.  So ask DHR the question.

You also said that there has to be a 20% difference before the order is modified.  

Again, it's probably free to ask them to crunch the numbers for you at an appointment and if it looks like there is a difference, then file.

Otherwise, don't bother.