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How fair is this
Here are the facts first.
We both make equal money, around 70K We both have the children 50 precent of the time. We split everything regarding healthcare for the children. I am listed as residential parent. I pay over 700 in CS a month At the time of my divorce since my Ex was making about 40K I settled a CS figure that would allow our incomes to be equal. I thought it was the fair thing to do. Now that she was making as much money as I am I took her back to get it adjusted. With my trusty lawyer we march in and start out case and the facts. The magistrate point is this. I took this deal a year ago and I am not able to change it now, regardless of the income increase. I can redo the CS calculations however I will not be granted anymore of a deviation because it has only been a year and I will in fact be paying more since her income increase puts in a higher level of support. My deviation currently is around 35 percent, I was asking for a 50 percent because of the time I have the children. I find it amazing that I try and do the right thing and now I get nailed because of what I did. Of coarse my ex does not want a reduce the CS because she would have to change the way she is living. As a final straw I say I just want the difference to be put into an account for the Childrens education and the magistrate looks at me and says that would have to be a different case and is not related to this case. I am completely baffeled. |
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