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Modification of support - how often?

Started by BonusMom, Nov 07, 2007, 09:56:45 AM

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My husband has 1 child (daughter) from a previous marriage and the support order has been the same since their divorce (over 5 yrs ago).  He may be accepting a new position in 2008 which would dramatically increase his income and allow me to stay at home with our 2 children, and allow more flexibility for stepdaughter to spend more time at our house.  Our concern is, however, that bio mom will realize he's making more money (due to me staying home) and go back for a modifiation in support. If we had to pay significantly more that would mean I could not afford to stay at home with our kids.  We read that once support has been modified it can't be done for 3 years after that....? Is that true?  And if so, what if HE filed for a modification now (based upon his current income) and had it entered. Would the 3 years be in effect or could she still file to modify at anytime?

P.S.  I realize this sounds "cheap", however my husband has ALWAYS paid full child support and paid for MANY extra things for his daughter.  He pays for her school lunches, clothes, school supplies, extra curricular events in addition to the court-ordered support amount.  These are not things he is required to do but does it to "keep the peace" between him and bio mom. But we don't want to be taken to the bank if he does take this new job which would require us to move and him to travel more, only to end up paying her more.


depends on the state and also whatever that state defines as a "significant change"

I suggest you find an on-line calculator and crunch the numbers.

Kitty C.

First of all, are his wages being garnished by an agency hired by the state?  Or does he send checks directly to the BM based upon the court order?  That will determine how often modifications can be filed.

In Iowa, the state law states that if there's a 10% +/- change in income by either parent, a modification can be requested.  But through CSRU, you can only request a modification every 2 years, unless there are extenuating circumstances that CSRU agrees constitute changing the CS amount.  So check your state laws and guidelines and/or whatever agency you may pay CS through.  That's the place to start.
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