CS modifcation UGH!

iVillage Member
Registered: 03-28-2003
CS modifcation UGH!
5
Mon, 11-20-2006 - 1:38pm
I filed paperwork 6 months ago asking for a modification to our CS order. My X is very irresponsible and never showed for any divorce hearings. The judge ordered he pay CS according to minimum wage, which is $5.15 here. That was 3 yrs ago. X was in jail for a while during this 3 yrs and had tons of financial problems so I waited to presume the modification until he was stable.
6 months ago when I filed the papers my x was making $13 per hour and had a good job. My DS daycare and health insurance have both doubled since the original order. Now our court date is finally coming up and X quit his job last week.
Every time I call CSE I get a different answer as to what will happen tomorrow. Anyone knows what happens if CSE verified he had a good paying job and now he's quit it?
I’m furious that I have to take off work from my job to go to court and they may not do anything.
The kicker is that if they cut him a break because he quit his job and don’t raise his CS I have to wait 3 yrs to ask for an increase again.
iVillage Member
Registered: 06-22-2006
Mon, 11-20-2006 - 2:26pm

Generally, they would look at his earning capacity, rather than his actual earnings. If he voluntarily quit his job, then they very well might grant you CS based on the $13/ hour.

Best of luck with this!

iVillage Member
Registered: 06-30-2003
Mon, 11-20-2006 - 8:48pm

In the state where I live, the judge would base the child support on the $13/hour if he quit his job to avoid a child support increase.

Also, we can go more than once every 3 years. Where I live, you can file for child support modification any time there is a 10% change in income for either party.

Post an update. I'm hoping things go your way.

iVillage Member
Registered: 03-28-2003
Tue, 11-21-2006 - 1:01pm

At court today the judge calculated his CS at $8 since he lost his job but had offers the last couple days for a new one at $8 or $9 per hour .

They included my raise in health insurance so it went up by another $177 so now it’s $411. So it wasn’t as good as I original thought ($13 per hour) but better than I feared it would be.

They also wanted to give me the retro increase from Aug when it was filed but X start complaining and whining. I told them to just forget the retro and just increase the amount to $411 monthly. Figured I’d show X some goodwill since I have to deal with him all the time and knowing him he’d get crazy about it and call me EOW to say “DS needs toothpaste over here.” So it ended ok. They told him to get his sorry butt a job and he thanked me for not taking him to the cleaners.

Realistically I know he’d never pay the retro anyway.
thanks for your support it's so nerve whacking going to court.

iVillage Member
Registered: 06-30-2003
Tue, 11-21-2006 - 1:26pm

That's probably a huge increase for him. The judge probably was going for the most that your ex could pay without him feeling like he has to skip town to dodge the payments.

Judges are fairly good at sizing things up (most times anyway)

iVillage Member
Registered: 05-13-2005
Tue, 11-21-2006 - 1:39pm

That is extremely productive and a big relief that it is done. It sounds like you were more than fair and rational and I think that will serve you well to get the payments coming on a somewhat regular basis. You were very smart in what you did and you looked ahead instead of back. A big pat on the back to you!!

I wish you luck going forward - and hope things go more smooth for you.