Best way to lower child support payment

This is a discussion on Best way to lower child support payment within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; i have my kids sat-tues one week, and sun-tues the next, year round. this is not in the court order, ...

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Old Dec 8th, 2010, 02:38 PM   #201
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Default Re: Best way to lower child support payment

i have my kids sat-tues one week, and sun-tues the next, year round. this is not in the court order, we argee on this visitation. i have always been close to my kids, and will always be close to my kids no matter what. my issue is that i pay 30% every month, and i have my kids almost 50% of the time. i make alittle over $3,000 a month, and after its all said and done $600 every 2 weeks for bills and food to feed my 3 kids and i just isnt enough in this economy. i would like my child support to reflect the amount of time i have my boys. id like to be able to have a house for them too, and be able to buy them the things they would like to have every now and then. i just want it fair.
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Old Dec 10th, 2010, 10:09 AM   #202
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i have my kids sat-tues one week, and sun-tues the next, year round. this is not in the court order, we argee on this visitation. i have always been close to my kids, and will always be close to my kids no matter what. my issue is that i pay 30% every month, and i have my kids almost 50% of the time. i make alittle over $3,000 a month, and after its all said and done $600 every 2 weeks for bills and food to feed my 3 kids and i just isnt enough in this economy. i would like my child support to reflect the amount of time i have my boys. id like to be able to have a house for them too, and be able to buy them the things they would like to have every now and then. i just want it fair.
If it's not court ordered then they have no way of establishing a fair amount for child support.

Do you have a standing child support order? What was the basis of that order if child custody was not also court ordered?
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Old Dec 18th, 2010, 11:13 AM   #203
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I hope y'all can help me with this tricky question. Thanks in advance.

My fiance and I have a daughter together. He has a child from his previous marriage for whom he pays child support. We're really struggling financially because of his support payments on top of the expenses of our child, and I would like to get his court ordered payment lowered (we live in CA, BTW). We can't afford a lawyer, but we did have a consultation with one. He gave us two options. 1) File for a modification of the court order under the hardship clause (since he now has another child to provide for). 2) Since he and I aren't married, for me to file a claim for child support from him, thereby lowering his payment to his other child since the court will divide his current court order between the two children. The lawyer said that since our child is only 8 months, and the child from his previous marriage is 11 years, the court would consider the younger as needing more money than the older.

My concerns are this: With the modification, we would have to go through the county court his ex lives in, which is 5 hours away- we can hardly afford the gas, much less the time off. I am also worried that the judge won't lower it as much as we need (and my god! if it ended up being more!)- my fiance never had a hearing for the court order, so I don't know what income calculation was used. And the current order assumes that he's paying for health insurance, which we can't afford and haven't gotten (his insurance options are expensive and practically worthless). Plus, in addition to CA, he's also paying 200 a month to Washington State for arrearages- I don't know if a judge would take that into consideration. His ex lives off welfare and doesn't work, so even though he doesn't earn much, it's still a lot more than what she earns. And, I know the amount of time spent with a child affects support- well, his ex rarely allows him to see his son (three times this year, so far- they don't have a custody/visitation order) even though my fiance's constantly asking for visits.

As for the second option: We live together. Can I still claim child support when all three of us live together? Will I have to lie and say we're not a couple? (I hate being dishonest) Will the judge really stick to his original court ordered payment and divide it between the two children, or is there a possibility that they will simply tack on the new payment to what he already pays? Is this really a viable option?

Please help! We can barely afford diapers- I can't live like this anymore. What seems like the best way (both in terms of the lowest payment and the most assured-of success) to go about this?
stop having children. its as simple as that. if you cant afford to support your kids you dont need to be having them. and btw, what his ex does is none of your business.
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Old Dec 18th, 2010, 07:37 PM   #204
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Default Re: Best way to lower child support payment

Simple question. I currently live in Portland Oregon and my children live in New York. The first month I had to start paying cs was 250 week while I was enlisted in the Army and now that I am no longer in I filed for a modification that I will continue payments but not at that amount, it was just not feasible. New York refused the modification and had rose my cs payments an additional $19 plus they also take out an additional $45 add-on and $2 electronic check deduction fee. I was out of work for 2 1/2 months and could not make those payments, so I paid what I had of 525 a month. Now that I have a job but it pays $400 a week and the cost of living being very expensive here they take out 147 plus an add-on of $59 each week. I live in the lowest part of town and my rent is $750 a month without other household bills. How can I get New York to lower my cs payments so I can at least keep a roof over my own head and keep my job?
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Old Dec 24th, 2010, 06:22 PM   #205
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My two children and I are now living with my boyfriend. He has 3 children from his previous marriage and is paying $1000 each month in child support. He's been faithfully paying this amount or almost 3 years. The children are 11, 8 and 5. Their mother has been remarried for a year now and has been financially helped by her new husband for almost 2 years. They are well off and not in need of money..,example, huge new home, new pool, trips to Mexico, etc. I know that regardless of their mothers situation, my boyfriend owes the support for his children. She has mentioned that she puts $600 back from the child support for the childrens college. Not sure about the remaining $400. I think idea about saving money for college is wonderful and all but child support is supposed to be just that...support of the child. The children have maybe 2 pairs of pants each and the youngest has nothing but hand me downs. The mother has complained to us about her having to pay for the childrens school lunches and sends them over to our house in rags. We have to buy them nice clothes just to send them to school in. Along with these current issues at hand, my boyfriend and I have to run a tight budget. The home we are in was the home they had purchased together but she was deemed responsible in the divorce. She moved into her new home and this house was on the market for 6 months. The ex convinced my boyfriend to take the home back so they children may have a familiar home to stay in while visiting their father. The house payment alone is $1200. When she had initially asked him to take the home back she offered to take a few hundred dollars less....months later when he finally decided to do it, she went back on her offer and said "what difference is $200 or $300? It's a car payment to us now...my boyfriend and I har discussed the issue over and over and have decided to look into getting the child support payments lowered. Does anyone have any advice or anything to shed some positive light on our situation? Is it worth a try to get them lowered or are we waisting our time?

Sincerely,
Confused
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Old Dec 24th, 2010, 08:40 PM   #206
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My two children and I are now living with my boyfriend. He has 3 children from his previous marriage and is paying $1000 each month in child support. He's been faithfully paying this amount or almost 3 years. The children are 11, 8 and 5. Their mother has been remarried for a year now and has been financially helped by her new husband for almost 2 years. They are well off and not in need of money..,example, huge new home, new pool, trips to Mexico, etc. I know that regardless of their mothers situation, my boyfriend owes the support for his children. She has mentioned that she puts $600 back from the child support for the childrens college. Not sure about the remaining $400. I think idea about saving money for college is wonderful and all but child support is supposed to be just that...support of the child. The children have maybe 2 pairs of pants each and the youngest has nothing but hand me downs. The mother has complained to us about her having to pay for the childrens school lunches and sends them over to our house in rags. We have to buy them nice clothes just to send them to school in. Along with these current issues at hand, my boyfriend and I have to run a tight budget. The home we are in was the home they had purchased together but she was deemed responsible in the divorce. She moved into her new home and this house was on the market for 6 months. The ex convinced my boyfriend to take the home back so they children may have a familiar home to stay in while visiting their father. The house payment alone is $1200. When she had initially asked him to take the home back she offered to take a few hundred dollars less....months later when he finally decided to do it, she went back on her offer and said "what difference is $200 or $300? It's a car payment to us now...my boyfriend and I har discussed the issue over and over and have decided to look into getting the child support payments lowered. Does anyone have any advice or anything to shed some positive light on our situation? Is it worth a try to get them lowered or are we waisting our time?

Sincerely,
Confused

So what has changed - in terms of your boyfriend's income, etc., - since child support was ordered?

Has he undergone a substantial and/or involuntary decrease in income?

(Her new husband's income isn't a consideration, by the way)
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Old Dec 24th, 2010, 11:41 PM   #207
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Default Re: Best way to lower child support payment

The change since the divorce, when the $1000 each month was set is that my boyfriend is now paying for the home that was her responsibility. They purchased the home together but final decree states she was awarded the home and full responsibility. If my boyfriend hadn't have accepted responsibility upon her request, she would still be 100,000 in debt. I would think she would take a couple hundred off the child support considering he helped her a bit....right?
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Old Dec 25th, 2010, 12:02 AM   #208
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The change since the divorce, when the $1000 each month was set is that my boyfriend is now paying for the home that was her responsibility. They purchased the home together but final decree states she was awarded the home and full responsibility. If my boyfriend hadn't have accepted responsibility upon her request, she would still be 100,000 in debt. I would think she would take a couple hundred off the child support considering he helped her a bit....right?



The amount is based upon income, not expenditure (outside of other support obligations and the like).

The fact that your boyfriend chose to accept further financial obligation doesn't change anything.
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Old Dec 25th, 2010, 01:05 AM   #209
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Default Re: Best way to lower child support payment

I understand that completely. Out of curiosity, what is your personal opinion towards the situation? As an outsider looking in....

I know the legal part of it, just seems a bit unfair that she expects that, rightfully so of course, but also only gives him the specified visitation in their orders...which was altered from the standard. The kids only get to come over every other weekend beginning Saturday at 6 pm, ending the following Monday when we take then to school. Then Wednesday evenings beginning at 6pm and ending the following morning when we take them to school. His ex even had the decree changed for the summers...the year I have lived here, his kids have never spent more than 3 days here at once. He is more involved with my children than he is his own bc my kids are here all of the time....
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Old Dec 25th, 2010, 01:17 AM   #210
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I understand that completely. Out of curiosity, what is your personal opinion towards the situation? As an outsider looking in....

I know the legal part of it, just seems a bit unfair that she expects that, rightfully so of course, but also only gives him the specified visitation in their orders...which was altered from the standard. The kids only get to come over every other weekend beginning Saturday at 6 pm, ending the following Monday when we take then to school. Then Wednesday evenings beginning at 6pm and ending the following morning when we take them to school. His ex even had the decree changed for the summers...the year I have lived here, his kids have never spent more than 3 days here at once. He is more involved with my children than he is his own bc my kids are here all of the time....

You didn't list your State...but in most US States, the standard visitation schedule for the NCP is exactly what you described. EOW plus one night per week.

Not sure what you think is the deviation?

How much has your boyfriend actually done to fight for more parenting time?
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