Paranoid about CS increase

[friday1]

I am sure that I am not the only NCP out there who is worried that sooner or later the BM will ask for an increase.

My divorce ended around the 9/11 era and I was ordered to pay a set amount of child support. I was a techie making 50k prior to 9/11, but after that time that I could do was take an old job making $12 per hour. (this was honestly the best that I could do after 9/11 believe it or not)

The judge based my pay on $12 and did not impute income. My child support for one child in Florida including arrearages was $500. It was hard to get support payed and keep a roof over my head.

I lost that job, and ended up taking jobs for progressively less (honestly the only ones that were available), until I hit minimum wage doing manual labor.

I let the arrearages build up on me during that time, because I was scared to file for a downward modification since I knew that times would get better and BM would not be content with a lower amount of money for long, in BM's anticipation of my earning capacity.

The gamble paid off in it's own way, I got progressively better jobs until I exceeded $12 per hour.

Things kept getting better financially. I got up to 16 per hour, then 18 per hour, then 28 per hour.

I got my most of my arrears payed off. (Potentially bad because BM will simply see it as getting less money ever month, and blow the arrearage payoff on the unknown) When BM uses up all the paid arrearages money, BM will want more.

The market now potentially bears $35-40 per hour for me.

I want what is financially best for my second family and my newborn. I love the child that the child support supposedly goes to (I say supposedly because BM blatantly states that she uses it for herself.)

It is my understanding that BM is making plenty of money, but I doubt that it is anywhere near close to what I make or what I could make.

Since my second family is a one income household, and I have to fly my 1st child up to see me, any additional child support would naturally prove harmful for visitation.

I have no hidden agenda but to try and keep child support at the amount that it is. I never asked for a downward mod when things were bad, so amongst many other reasons I don't feel bad for trying to keep the child support the same.

I don't tell BM what I earn, I keep that to myself. I tell BM that I work a crappy job so that BM doesn't get greedy and completely hose me.

I don't know if BM will ever hit me for more support based on her belief, but anything is possible.

Florida uses a shared income model, so that helps to a degree, but the worry is always there.

To be honest, I am afraid to keep progressing in my career because of BM.

Aren't there any defenses to child support increases?

I know of a few: 1) second family to support when I am the only person working 2) extrordinary education expenses (which I have)

I know this thread may be "troll-bait" but I love my finances just as much as anyone else, especially when the money might not go to the child.

I think of a child support as a backwards 401k. You care how much money you pop into a 401k don't you? So why wouldn't you care about precluding additional payments (and accordingly further financial hardship for everyone in your second family) to someone who is and may have always been a complete stranger that is comfortably nestled behind a black iron curtain, and further blatantly announces that they use your hard earned "child support" money for their personal pleasure?

Should I just stop advancing my career, or take a lesser paying job?

If so, this is the time to do it, my W-2 each year has reflected $12 an hour...

I can't live on $12 an hour in this area and pay $500 a month while supporting a second family.

I definitely can't live back in FL, too expensive and no jobs in my field.

Thanks

[williaer]

I understand. My DH  will eventually make way more money than he does now- and I constanly worry that the "3year" mark is coming up..in Ohio it can be reviewed every 3 years no matter what- and that we will get very,very hosed. Are you making 30% more now than you did when they set it...I got lost on some of the amounts. Sometimes that can make a difference. All I can say is keep having your new wife pop out babies and you will get a deduction for each one! Good luck- that is a bullet that is not easily dodged. IMHO- $500 a month for anyting over an infant is PLENTY of money. They will take into account the fact that you fly your child up for visits. Doy ou cover her on insurance- you get a deduction for that too. Good Luck!

[friday1]

Thanks for understanding. Same 3 year rule in Florida, in addition any change of income that is 15% or greater. 4 years have now passed.  

As far as the numbers go, I am making about 250% of what I did when the order was put into place. I have the capacity to make around 300% of that.

It would seem hard to believe that all I could make was $12 per hour as a techie at the time, but 9/11 did its job. It did such a job that all I could do was sweep floors for some time.

As you well know, every penny that you can make above that legal obligation is very attractive.

I don't cover anyone besides my second family on my insurance, I was never court ordered to do so, and didn't have the capacity to get any form of health insurance whatsoever at that time (4 years ago).

Interesting that you bring up health insurance. Health insurance can be pre-tax dollars while child support is never tax deductible.

I won't open that can of worms if and until I get hit with that though.

I would probably create a very unattractive countersuit based on facts if a modification was thrown at me and all I can do is hope that BM knows it.

BTW - $500 per month is nothing for a kid in FL, I could probably get hosed for $1200 tax free dollars if BM really wanted it.

Any other thoughts on dodging the bullet, and helping protect the backwards 401k?

I heard that they won't necessarily impute if you were to voluntarily quit your job right away if you are threatened with a motion to modify support upwards.

Also how much of a deduction can you really get by having multiple children? I heard it wasn't much. I guess that part is subject to State Law.

[leon clugston]

child support beleive it or not is not state law, nor does the employees of the state have any authority to change the law, it is federal law, under the compact clause( per the United States supreme court) the states can only administrate the law, w/ out going into long detailed and boring facts, you need to read title 42 United States code 651-669, under the social security act, it sets out the parameters of what the states can do, what has happened is most people rely on what the states say to be true, or a fiction in law(lawyer) to represent them,when they can't tuch the facts. To help people they first have to understand the facts behind the intent, and last but not least you need a copy of youre states cooperative agreements between child support and the courts( for which the courts are bound by,,without these and not understanding the cause,,any actions would be like peeing in the wind.