Child Support questions

[wife1]

@Mixedbag, YES the thought of her seeing our financials and our tax refund bother me a great deal!!!! I don't feel like she has a right to see it.  They were never married so it isnet like they had a life together it just happened. It is one thing for the AG to see it and make a decision but for another person to see it its  totally different. I feel like she agreed to that amount and has had more than enough time and opportunity to make an ammendment to it if she wanted to why wait till now? She has known for the past 6 almost 7 years that he had gotten a different job and there is no way she could have thought that he made the same amount. Her thing is that she is a bully and doesnt want anyone telling her that she is wrong. Her husband is in the military and she likes to move around and not be around any of her family so we were thinking that is one reason she never did it before  so that he wouldnt add to the paperwork for her not to live more than 100 miles away.

[tigger]

Not sure about Tx but in NC CS can be reviewed (requested by either party) every 3 years or if there's a significant difference (ie, the new amount would be 15% higher or lower than what is currently ordered.)  It's unrealistic to believe that an amount set 12 years ago would still be applicable. 

THAT comment bothers me...

If this is something they agreed to -- .... well, see it hits home for me real closely.

EX#2 AGREED/ASKED for a very low amount from me when we split and that I pay all transportation, and gasoline expenses for EX to drive our son to the airport.

SO.....YES, every time he came back to court to ask for MORE CS, I consider that retaliation particularly since every time he filed it was right after I filed something to ask for more time or to ask for make-up time -- that he be held in contempt of court.

YES, the amount was low.....but he came up with the number, not me.  AND back then, there were no tables and stuff for our state.  They were all implemented about a year or two after our divorce.

There was NO SIGNIFICANT change in circumstances to warrant higher child support either.  Our son was healthy -- and my insurance covered him well.

I bet this dad feels that way too.....(and the Stepmom).

Good grief.  It's not always a bad comment.  In my situation, I accepted a lower than state guidelines amount from my ex for years.  The amount he paid didn't even pay my child care costs for both kids.  However, when they aged out of daycare, he wanted CS reviewed.  The amount set (although agreed to by both parties) wasn't applicable to our current situation.  I supplied my financial information and he played games with his.  When all was said and done, CS was reduced by $150.  That was fair. 

12 years is a VERY long time without a review.  Another story for you.

My aunt and her ex divorced when the girls were 2.  She agreed to $50/week just to get it all over with.  Fast forward 14 years.  He talks one of the girls into getting married.  She does and he immediately takes a copy of the marriage certificate over to CS and says he wants her removed because she's married and therefore emancipated and wants his CS reduced to $25/wk for the next two years.  CSE reviews the case and increases his CS to $250/month.  He was not a happy camper.

[wife1]

That has always been a big question for me is why hasen't she bothered to take him back why wait till now? She had told me once before that because he was so young at the time (he had just turned 21 and she was already 26 and she already had 2 other kids she had from a previous marriage and given them to her ex) she was purposly pushing him away because he wasent ready to be a dad. But from what he has told me about it was that she was just a mean hateful woman and he never had any intentions of being with her long term. And sadly I believe him because her and i have had our own runins and she is a hateful woman. She is vulgar and just rude for no reason. I feel like maybe there is something else going on I just dont know what.

[ocean]

If it does get to court, white out all your info (ss # and salary) and white out the total amount you make. Have him bring his last two paystubs. This way she does not get your info at all. The judge had no problem with that, my husband told judge that I was not a party of the case and my info was whited out. My state it is a simple formula of the NCP (dad) salary so really the mother's salary does not come into play too much here.

She probably did not do it before because she would have to go back to original state to deal with this. If she moved out of that state, she would have to live there over 6 months and ask new state to take over which would stop her child support for a few weeks/months until new state go the paperwork in order.

What does the order say about Christmas break? If it says you get child this year, then use the letter of intent from this site. It is very good and states you intend to have child. If she does not send him, you can file a contempt of court papers and have her tell a judge why is she not following the court order. You could ask for make-up time in those papers and lawyer fees as she is going against a court order.

[wife1]

It is a basic order stating that he gets him on the even years so this year we wouldnt get him, but it does say that if he sends her a certified letter 60 days in advance he can still get him if she says ok. Since we are in tx and she is in AZ we couldnt afford to save up for a flight to and from and she wouln't meet him half way either even though it says she is supposed to. If they don't come down on their own then he won't be back until summer time.
Well they are supposed to be there in AZ for the next 5 yrs, in total this will be 5x's that they have moved so far and she is threatening that she is going to close out the case here and reopen it in AZ but we talked to the divorce/ c.s office at the court house and they advised him to ask the court that it stay open here in tx since this is where he works and has never moved from the town it was originally in nor do we have plans on moving. We are hoping that works in our favor.

[MixedBag]

for jurisdiction, that logic should hold true.

For transportation....I know it's easier said than done, but put a line item into your normal budget for transportation.

Oh and Tigger.....My EX#1 had that happen to him.  When the oldest daughter emancipated, he wanted CS cut in half.  Instead it was supposed to go up by $200 per month after a review because I didn't do the reviews every 3 years or so because of our AGREEMENT.

My point is that if two people AGREE to an amount, they should be held to that AGREEMENT in terms of CS UNLESS there is a significant change in circumstances like need for the child.  Custody is held to that standard, so why not child support?

[wife1]

Should they take in to consideration that he does not get even 1% of the allowed time with the child because they are so far away, how could they even begin to give make up time for all the time lost?

[Simplydad]

@Mixedbag, YES the thought of her seeing our financials and our tax refund bother me a great deal!!!! I don't feel like she has a right to see it.  They were never married so it isnet like they had a life together it just happened. It is one thing for the AG to see it and make a decision but for another person to see it its  totally different. I feel like she agreed to that amount and has had more than enough time and opportunity to make an ammendment to it if she wanted to why wait till now? She has known for the past 6 almost 7 years that he had gotten a different job and there is no way she could have thought that he made the same amount. Her thing is that she is a bully and doesnt want anyone telling her that she is wrong. Her husband is in the military and she likes to move around and not be around any of her family so we were thinking that is one reason she never did it before  so that he wouldnt add to the paperwork for her not to live more than 100 miles away.

You will not be required to submit tax returns.  The information needed by the attorney general are forms that will reflect both parents income.  You can just submit W-2 Forms and check stubs.   Based on the information if you have an agreed order for child support there is nothing the attorney general can do about back child support because there isn't any.

At my child support hearing I showed up with pay stubs.  The amount to be paid was based off of that.  There was no misunderstandings. The guidelines are clear and the amount to be paid no different.

[Simplydad]

One more thing that I forgot and this is the most important part.  Only the courts can modify the child support amount.  There has to be a hearing.

[MixedBag]

ummm.....we (EX#3 and I) had to submit tax returns....

and YES, IN NEVADA, my income was taken into consideration -- community property state.

I agree though -- black/white out YOUR information if you submit them and also have only Dad's W-2's and stuff.

THEN if the court objects to the modification/blacking out of the info, let them tell you that and go from there.