Living below the poverty level

[rhelle]

Hello, everyone!! I have looked all over the internet for information regarding child support awards.

As previously explained, I currently pay 50% of my income in child support. My original order for support was at 35%;  however, my income was cut in half, and I filed for a modification. The modification was filed 9 months ago. The ex refused to agree to the amount, and now we are faced with a court date, wherein she has the opportunity to present her case for deserving the original amount ordered, regardless of the decrease in my income.

She has also, in this 9 months, attempted to extort money from me by offering to accept 50% of my income in child support, if I would pay for all transportation costs to and from her state (amounting to several thousand dollars a year) as well as allowing her to claim all of our children on her tax returns regardless of what is in our divorce decree.

Is there any way a NCP can stop the train from running right over them? As it stands now, I bring in between $300 and $400 every two weeks. There has to be something I can do to keep my new family from starving. Any thoughts?

Thank you in advance.

[Simplydad]

Child support is based on income alone.  So she is basically extorting you because she probably heard from someone that once you go to court the chilld support will be lowered. There is no way I would agree to 50% of the income. 

[ocean]

Ignore her.
When you get to court, bring evidence of your downward salary (pay stubs). If it is the same company and small, if they are willing, you can have them write a letter stating the lower amount of pay.
Bring evidence that you are looking for other jobs, list the places you called, emailed, and sent resumes. Bring the current newspapers showing no jobs in your area.

Child support goes by numbers. So they input the numbers and out comes the number. If she moved from you, then she pay travel. Get that documented if it is not already. If she makes more, than change the percentage of other activities to the correct amount (extra for medical, daycare, activities).

You can bargain the tax exempt and maybe say every other year if you are current on child support you claim child (in even years..).

The only way they can take up to 65% of your income is if you are behind in support. Until you catch up , they can take that much.

[rhelle]

We did not agree to anything, but recently heard certain states can refuse to lower your child support if you chose to take a lower paying job. This is mostly what I'm worried about it. My child support would equal my income and I don't know how we'd make it on that.

I provided my paystubs in February, the state determined a new amount based on those, but in her state, she has the right to protest the amount determined. It's very odd to me.

[Simplydad]

We did not agree to anything, but recently heard certain states can refuse to lower your child support if you chose to take a lower paying job. This is mostly what I'm worried about it. My child support would equal my income and I don't know how we'd make it on that.

That is pretty much the case in any state.  What the means that if you quit your job to take a lower paying one then you will not get your child support lowered.  However if there is a downsizing or you were laid off and you could not find anything but what you are maknig now they can't hold that against you.

[rhelle]

I am not behind. I've paid every month since my job change, but I show in arrears on the original amount as the modification has now taken nine months, and could possibly take 6 more.

The divorce decree states she claims two children each year and I claim two children each year. We have 4 children. Travel, per the divorce decree, is the responsibility of each person. I pay one way, she pays the other.

[rhelle]

Simply Dad,

How can that be possible, if the child support amount will be more than my net income?

My new wife and I moved out of state and bought a home in a better area. The cost of living is lower here, but the pay is, also. This is the reason for the job change. Will that matter?

[ocean]

All the other stuff can stay the same and if she is not addressing in court it should not change (but many judges listen and change things all the time).
Since your account is in arrears they can take that much from your check. Hopefully the judge back dates it to the time of filing and you get credit. Make sure you ask for that to be re-calculated.

Just read your last post. Did you leave the higher paying job to move to new area? or did you get laid off? Big difference. You have to prove that the move was in the best interest for the kids. Like, even with the higher paying job, you could not afford rent/mortgage and food in current place so were forced to leave. Bring proof of all of that. Ex can say  "he had a good job but left the state, away from kids, with new wife and took a lower paying job". Be ready.

[rhelle]

Oh. She left the state first, two weeks after our divorce, and took the children with her.

My current wife and I found a home for a good price in a nice area. There were no jobs in the state we were living in, so my current wife had been unemployed for a year after a lay-off. There were jobs in the state we moved to, and both of us have been working since we came to the new area. It was a better move for the entire family. We have more room for all the children and a significantly lower mortgage payment.

[Simplydad]

Simply Dad,

How can that be possible, if the child support amount will be more than my net income?

My new wife and I moved out of state and bought a home in a better area. The cost of living is lower here, but the pay is, also. This is the reason for the job change. Will that matter?

It seems many men (and women) would purposely lower their income to lessen the amount of child support they would have to pay. It was something the courts decided to crack down on.

Now there are justifiable ways to change jobs and it seems yours is viable.  You did not do so to lessen child support and you lowered expenses but also was able to provide home with more room for the children.  I do believe courts take all of that into account.