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

"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?

"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.

"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.

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.

"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.

"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.

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

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.

"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.