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What do I do???

Started by Seedw11, Mar 24, 2008, 10:07:29 AM

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Seedw11

I'm in Ca.  and have a question on support issues.  I don't mind paying my regular monthly support and have never skipped it.  I've never missed a visitation or custody day or weekend and have made every known appointment and coached every game for my 6 year old.  So basically, I feel like I am a good dad and very much am involved in my child's life.  Here's the  issue.  The support I am paying was based on my income and my ex's income when our child was two, 4 years ago.  Now, my ex is remarried, has voluntarily quit her job to be a stay at home mom for her new 1 year old and I'm still paying the same support.  I've had a couple of raises since our original support order was formed.  Would I be screwed if I went to court to get a new support order drawn up and attempt to get a new visitation order and do they then look at her new hubby's income?  Of course, I don't get to claim my son on taxes and I have to give portions of bonuses, based on pre-tax amounts as well.  Is it worth it to try to get a new order established?

Kitty C.

Unless the support laws have chnaged drastically in CA, I'd say no.  If you file, they WILL take into consideration the increases that you've had in your income.  The only possible advantage is getting to claim the child on your taxes, since the BM is not contributing financially since she's a SAHM.  Is the deduction going to offset your earning increase?  Crunch the numbers and find out......

DH's support order has not been reviewed practically since it was written, which was about 12 years ago.  About 5-6 years ago, BM had the order transferred to CSRU to have DH's wages garnished, just because we had a temporary financial problem and got behind by a couple months.  She could have had it re-evaluated then, but didn't.  CSRU will re-examine a case only every 3 years, unless there's a significant change in income (+/- 10% in IA).  Well, she still hasn't done it, but apparently considered it when she divorced her 2nd husband a couple years ago.  She even told DH her atty. suggested it.  Apparently SS over heard it and flat out told her if she did, he'd disown her!  Out of the mouths of babes!
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

ocean

I would leave the child support issue alone and just file the visitation issues. They are two separate issues anyway. Support should only look at the parents income only. Most states it is strictly by a formula so look on-line, plug in the numbers and see how much it will go up.

Just put in for a modification for visitation. The BM can counter with a child support modification so be prepared.