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Can the judge re-evaluate child support and over-rule the percentages?

This is a discussion on Can the judge re-evaluate child support and over-rule the percentages? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I filed a motion to make the father pay for 1/2 room and board costs as stated in the divorce ...

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Old Nov 23rd, 2008, 09:16 PM   #1
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Question Can the judge re-evaluate child support and over-rule the percentages?

I filed a motion to make the father pay for 1/2 room and board costs as stated in the divorce decree. The key is my daughter is living with me and going to a community college. We also have another teenage daughter. His lawyer wants to have child support re-evaluated. I don't think that is right because the decree specifically address many elements of child support not defined in 1996, the year of the divorce. My question is, can the judge re-evaluate child support and over-rule the percentages identified for health care and room & board costs?
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Old Nov 23rd, 2008, 09:45 PM   #2
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Default re: Can the judge re-evaluate child support and over-rule the percentages?

Yes.

The judge can modify a support or custody order at any time.
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Old Nov 24th, 2008, 08:12 AM   #3
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Default re: Can the judge re-evaluate child support and over-rule the percentages?

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Originally Posted by femail View Post
I filed a motion to make the father pay for 1/2 room and board costs as stated in the divorce decree. The key is my daughter is living with me and going to a community college. We also have another teenage daughter. His lawyer wants to have child support re-evaluated. I don't think that is right because the decree specifically address many elements of child support not defined in 1996, the year of the divorce. My question is, can the judge re-evaluate child support and over-rule the percentages identified for health care and room & board costs?
It's been 12yrs. Yes...they can re-evaluate. If your one child is over 18, support for her will likely drop. The other daughter will likely be figured on the standard child support schedule unless the fathers income is CONSIDERABLE. I'm guessing income was a big difference back then. You may need to prepare for some changes - I don't know all the circumstances of course.
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