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#1
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In need of advise
My husband has two under age children, 14 and 12. When child support was ordered {approx. 4 yrs ago} the ex was working 3 days a week at $8.00 an hour, c.s. was ordered at $570.00 a month. The ex is now making approx. $2000.00 a month plus the part time job she has at $8.00 an hour now, my question is, can he get a reduction in c.s. now? How does he go about it? We live in South Dakota. Thanks |
#2
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In need of advise
"Laura" wrote in message ... My husband has two under age children, 14 and 12. When child support was ordered {approx. 4 yrs ago} the ex was working 3 days a week at $8.00 an hour, c.s. was ordered at $570.00 a month. The ex is now making approx. $2000.00 a month plus the part time job she has at $8.00 an hour now, my question is, can he get a reduction in c.s. now? How does he go about it? We live in South Dakota. Thanks You can always file a change of circumstance, but not sure how much good it will do as her income has little to do with their calculations? How many times have we read where the ex is living the highlife while the NCP is struggling to make ends meet? |
#3
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In need of advise
"Laura" wrote My husband has two under age children, 14 and 12. When child support was ordered {approx. 4 yrs ago} the ex was working 3 days a week at $8.00 an hour, c.s. was ordered at $570.00 a month. The ex is now making approx. $2000.00 a month plus the part time job she has at $8.00 an hour now, my question is, can he get a reduction in c.s. now? How does he go about it? We live in South Dakota. Thanks == It depends on how SD calculates support. Most states have their CS guidelines online now. If "income shares" is used, an increase in one parent's income *can* (but not always) result in an increase of the other parent's support obligation because it increases the children's "support need." If only the NCP's income is used to calculate support, the support won't change when the CP's income changes. BTW, I think it is great that the CP has improved her earnings and taken a part time job. Many, many CPs simply sit on their ass and drag the ex into court whenever they want more money. It doesn't occur to them to earn it. You might be better off leaving the support matter alone. Check your state's guidelines to find out before initiating any court action. He could be ordered to pay childcare and insurance, if he isn't already doing so. |
#4
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In need of advise
"Laura" wrote in message ... My husband has two under age children, 14 and 12. When child support was ordered {approx. 4 yrs ago} the ex was working 3 days a week at $8.00 an hour, c.s. was ordered at $570.00 a month. The ex is now making approx. $2000.00 a month plus the part time job she has at $8.00 an hour now, my question is, can he get a reduction in c.s. now? How does he go about it? We live in South Dakota. Thanks CS calculations are done based on the state where the CP and children live. If they also live in South Dakota that state is an Income Shares Model state. That means CS is determined based on the incomes of both parents and then distributed to the parents based on their percentage share of the total income. The issue you raise has to do with how the income shares model is constructed. As the combined incomes go up the total CS amount goes up. So even though your husband's percentage of the total income goes down, the CS obligation goes up. The net result is very little change in what is owed by the NCP. The CS model "assumes" the CP spends more on the children with their increased disposable income. I ran the numbers once for my state and found for every $5,000 per year change in gross income for a CP, the NCP's CS amount owed only changed $12 per month. In your case, the CP is now making $24,000 more than before. At 5 times $12 the change might be in the $60 per month range. Since he is currently paying $570 per month the potential change is very close 10%. Some states require a 15% change before a change of circumstance modification will be considered. The other consideration is how long ago was the CS obligation set at $570. If your husbands income has gone up since the $570 was determined, he could end up paying more than $570 even though the children's mother makes more. The South Dakota CS Guideline calculator can be found on the state's CS site. You can put in all the numbers to simulate what would be ordered given what you know about the current circumstances for both parents. |
#5
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In need of advise...Robert and all
Thank you all so much for such quick and informative responses. Robert, can you tell me where to go to find the site for our state concerning CS guidlines please? {My husbands name is Robert too} I guess my better bet is to leave things alone huh? Why is the system so unfair to child support paying men? If it's initially based on his and her incomes how is it hers can increase tremendously and CS not be reduced, his income goes up and she gets more CS?? Everything is unfair to the CS paying parent. She's living the high life, went to the Bahamas on a cruise with the kids, went to Mt Rushmore for 3 days, bought a 46" plasma TV...{all recently} and we struggle to keep food on the table. I'm disabled and can't help our situation at all, he's actually thinking of taking another part time job aside from the part time and full time jobs he has now, but dang, wouldn't she get more CS then?? Hanged if you do, hanged if you don't eh? 4 years, help us get thru 4 years Lord lol His income has gone up maybe 2,000.00 since he left her 4 years ago, he doesn't pay any insurance as she has a medical card for the kids and it wasn't ordered he pay for it, each parent has to pay half of any medical bills, the kids also get free meals at school. Hmm, wonder how she does that when she makes almost as much as my husband now? Again, thank you all. |
#6
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In need of advise...Robert and all
"Laura" wrote .......................... His income has gone up maybe 2,000.00 since he left her 4 years ago, he doesn't pay any insurance as she has a medical card for the kids and it wasn't ordered he pay for it, each parent has to pay half of any medical bills, the kids also get free meals at school. Hmm, wonder how she does that when she makes almost as much as my husband now? == If it's any consolation, we paid 1200. month for two kids. Her *net* income then was 48k a year while ours was half that. Those kids qualified for reduced lunches--ours didn't. It goes by gross income--her gross was much lower than her net and our gross was much higher than our net. The time does go by quickly, however. It seems like yesterday we were going through it. My steps are through college now and one is married. |
#7
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In need of advise...Robert and all
"Laura" wrote in message ... Thank you all so much for such quick and informative responses. Robert, can you tell me where to go to find the site for our state concerning CS guidlines please? {My husbands name is Robert too} http://dss.sd.gov/ On the left side of the main page is a link for child support. On the CS page there is a link for the SD calculator and worksheet on the right side. |
#8
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In need of advise...Robert and all
On Apr 6, 5:07�pm, "Gini" wrote:
"Laura" *wrote ......................... His income has gone up maybe 2,000.00 since he left her 4 years ago, he doesn't pay any insurance as she has a medical card for the kids and it wasn't ordered he pay for it, each parent has to pay half of any medical bills, the kids also get free meals at school. Hmm, wonder how she does that when she makes almost as much as my husband now? == If it's any consolation, we paid 1200. month for two kids. Her *net* income then was 48k a year while ours was half that. Those kids qualified for reduced lunches--ours didn't. It goes by gross income--her gross was much lower than her net and our gross was much higher than our net. The time does go by quickly, however. It seems like yesterday we were going through it. My steps are through college now and one is married. I think you have gross/net backwards |
#9
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In need of advise...Robert and all
Laura wrote:
I guess my better bet is to leave things alone huh? Why is the system so unfair to child support paying men? If it's initially based on his and her incomes how is it hers can increase tremendously and CS not be reduced, his income goes up and she gets more CS?? Everything is unfair to the CS paying parent. She's living the high life, went to the Bahamas on a cruise with the kids, went to Mt Rushmore for 3 days, bought a 46" plasma TV...{all recently} and we struggle to keep food on the table. it's an easy racket for the bureaucracy. They got everything, they want: the mean old single man, the wife "slaving", and of course, the kiddies. Who can deny anything to kiddies? They've been playing the deadbeat card so long that they have it down by rote. |
#10
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In need of advise...Robert and all
"Relayer" wrote in message oups.com... On Apr 6, 5:07?pm, "Gini" wrote: "Laura" wrote ......................... His income has gone up maybe 2,000.00 since he left her 4 years ago, he doesn't pay any insurance as she has a medical card for the kids and it wasn't ordered he pay for it, each parent has to pay half of any medical bills, the kids also get free meals at school. Hmm, wonder how she does that when she makes almost as much as my husband now? == If it's any consolation, we paid 1200. month for two kids. Her *net* income then was 48k a year while ours was half that. Those kids qualified for reduced lunches--ours didn't. It goes by gross income--her gross was much lower than her net and our gross was much higher than our net. The time does go by quickly, however. It seems like yesterday we were going through it. My steps are through college now and one is married. I think you have gross/net backwards ============ Not when you consider the tax impact. A CP has a lower gross income than their net income becasue they pay no taxes on the CS. The NCP has a higher gross but the substraction of CS after taxes makes their net income lower. |
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