jeff123
newbie
Reged: 02/04/10
Posts: 26
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I live in NH and my order states that I can not request a change in CS unless there is substantial change. My Ex calculated CS based on 45K no bonus and I now know from W2's that she made 58K last year and now has a bonus option, plus I think she is making closer to 65K. I pay her some of my bonus so I think hers should count now as well. Is 58K enough to ask for a modification? The payment for CS, bonus, and insurance is very lopsided right now. Not many places for help....I need options!!
Before anybody says anything I am a good dad have my kids 50% and always pay her on time. Just was taken advantage of as I had not done a divorce before and wanted to be done with a cheater and liar.
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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When was the currernt CS order done? Many States will not question an recalculation after 3 years.
I believe the change in CS amounts are done if there has been a 10% change in income or the CS amount will change by $50 per month.
You only mentioned her income but has your income changed also? If your amount has increased at the same rate, than there may not be a change in the CS order.
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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It has been about 1 1/2 and my income has not changed. I can go in for modification after 3 years or substantial change. I am interested of course because I was screwed for a cheating wife. I have 50/50, pay aprox. 1,500, insurance, 30% of bonus earned, and still pay for half of school supplies & medical. This is not to say that I don't think I owe CS but doing more work I think it is more like pay $750 (based on reversing the obligor on the calculator) and pay for insurance for them. Thoughts?
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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Oh...so do I have any options with her making more, changing jobs, now has bonus structure? or is there anything else I can try and do to change this?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Usually a 10% change up or down warrants a CS review.
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13.1...because I am only half crazy!
Edited by Miranda (09/29/10 02:22 PM)
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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Thx! 10% up or down on what I pay based on the cs calculator or 10% in wages?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Either I would think. Somestates do the 10% or 50.00 difference thing. I would like that your ex's wages increase as they did would warrant an review.
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13.1...because I am only half crazy!
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MrsB
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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I would absolutely consider this a substantial change.
Jeff - here, you can modify CS at any time, however many times, if it changes the CS up or down 10%.
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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Thanks for the help...just wanted to make sure before I go to court. I sent a certified mail to her that she rec. yesterday. Then called and said unless it is court ordered I don't have to. I did this only to show that I attempted to obtain without going to court. What should the next step be? Motion but what do I put in it? Want to try and do this alone as much as possible.
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MrsB
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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Do you pay child support through DHS/CSE (the state) or just write her a check that goes directly from you to her?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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You need a motion to modify the child support order.
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13.1...because I am only half crazy!
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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Thx again for the responses. I actually do one better I electronically move it from my bank account to our old one so that she has it same day as i get paid. Would love to pay through the state though...I think.
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MrsB
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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Jeff what state are you in?
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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I am in NH
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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In many states, statutes indicate the threshhold where the amouiunt of change, based on an application of child support guidelines, creates a presumption of a "substantial " change.
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FrustratedInNH
recently joined
Reged: 10/08/10
Posts: 1
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Hi Jeff-
NH has not defined what "substantial" means so it is at the whim of the Master. I can tell you that the NH Supreme Court is hearing oral arguments on my case (although a court date has not been set) in which we hope for some guidelines to be set. At our last court hearing the Master ruled that a 1% change was substantial so I think you should, by all means, go to court for modification.
F.I.NH
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Fishergirl
addict
Reged: 12/06/08
Posts: 469
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In my state you can do a CS review every 3 years. I will add tho that even with her increase your cs may not change a whole lot to make filing something worth it. My ex lowered his income from 75,000. to 60000. a year and in the end it was lowered 100 a month. Filing it however probably cost both of us a couple thousand even tho I agreed.
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