do I file to stop the COLA ?

[spinner]

Hi,

facts:
- Minnesota changed the child support calculation to a shared income plan.
- The CS office stated that only new cases and cases with enough changes in the income would be touched in 2007 and the others in 2008
- my divorce decree state that I have every other week-end and that day et this and that but does not state the number of night.
- the new income calculation need the number of night to do the calculation.
- under the new calculation I would have enough nights to be considered shared custody for CS calculation even though the divorce decree doesn't state it.

the problem:
I have filed a motion for another reason and as part of that motion I have asked the judge to order a new child support calculation and if the judge doesn't order it then I can file a motion for CS update. However the judge has not yet ruled on the first motion

And here is where we add to it all and thus my question:
The CS office is filing a COLA increase that I can stop by filing a motion to stop COLA but since the judge has not yet ruled on the first motion, ... should I file a motion to stop the COLA?

Or should I file a motion to change child support?  I am a little lost

[Jade]

>Hi,
>
>facts:
>- Minnesota changed the child support calculation to a shared
>income plan.
>- The CS office stated that only new cases and cases with
>enough changes in the income would be touched in 2007 and the
>others in 2008
>- my divorce decree state that I have every other week-end and
>that day et this and that but does not state the number of
>night.
>- the new income calculation need the number of night to do
>the calculation.
>- under the new calculation I would have enough nights to be
>considered shared custody for CS calculation even though the
>divorce decree doesn't state it.
>
>the problem:
>I have filed a motion for another reason and as part of that
>motion I have asked the judge to order a new child support
>calculation and if the judge doesn't order it then I can file
>a motion for CS update. However the judge has not yet ruled on
>the first motion
>
>And here is where we add to it all and thus my question:
>The CS office is filing a COLA increase that I can stop by
>filing a motion to stop COLA but since the judge has not yet
>ruled on the first motion, ... should I file a motion to stop
>the COLA?
>
>Or should I file a motion to change child support?  I am a
>little lost
>


The one thing that I have noticed on these boards is that one thinks that one's child support will go down with a shared income calculation.  This may or may not be true.  

I live in a shared income state.  My ex would be paying less child support if my state didn't use the shared income plan.  

Yes, you do get credit for overnights that you have with your child(ren).  But don't be surprised if your child support doesn't get lowered.  There is an exception to this in my state (I would definitely check this out in your state), if the CP earns less than 2 times the poverty level (if the poverty level for a family of 3 is $20,000, the cp would have to earn less than $40,000 to qualify for this.  And this is net of taxes taken out), child support is based on sole parenting.  Regardless of how many overnights you have.  

In a shared income plan, BOTH parties incomes are put into one pot.  And then it is determined how much money people with a combined income  of XXXXX would spend on raising a child.  And then it is split based on percentages of the combined income.  The parent making more will pay the higher percentage.  

Before you go and file for a modification, you really should find out if it would actually lower your support.  Because it just may increase it.

[spinner]

it will lower, I actually found out, ... this is not the issue at all here but thanks for the advise

[cinb85]

Where did you hear that you could stop it?

[spinner]

this is part of our state statute furthermore the increase of cola comes with a notice that you can fie for a motion to stop the increase (state forms are available to file that motion from our self help center)

[cinb85]

Our state is an "income share" state too, but I never received a COLA.  I never pursued it because my ex never pays his child support anyway, so why bother.

I was just curious as to how someone can ask that it be stopped.   I thought that once the CS office puts in a COLA on someone's child support case, it was a "done deal"!


Good luck!

[Jade]

>this is part of our state statute furthermore the increase of
>cola comes with a notice that you can fie for a motion to stop
>the increase (state forms are available to file that motion
>from our self help center)

Does the statute allow for the CP to contest that?  

[spinner]

yes through a motion to stop COLA thus my question here

[ocean]

In my state it is the opposite! (how crazy that every state is so different). Both parents are sent a letter that it is time for the COLA increase. ONE parent has to check off yes and send it back for anything to happen. SO if you both agree not to send it in..then nothing happens. IF ex sends it in and you do not...you have the option for a hearing to say why you can not afford the new amount.

[cinb85]

nm