KoalaGirl
recently joined
Reged: 01/08/11
Posts: 22
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Hi there, I am the CP and live in another state from my ex. Our child support order was put in place in 2003 when our children were 4 and 6. They are now 12 and 14. I have never sought a CS modification and he currently pays $450 for two children.
My salary has been reduced lately by 25k and I finally need to deal with the c/s situation. I've tried so hard not to 'go there' with him because quite honestly, I just don't want to deal with him but I just can't do it any longer.
He won't tell me exactly what he makes and is often 'unemployed' so it's hard to know really what to put in the calculators but I guestimated a bit low and it's calculating at around $1000 a month. Quite a difference.
My question is this, he recently had twins with his new wife. Does anyone know if that will be a factor in the calculation at all? It did ask in the calculator if he had other children and I plugged them in but it didn't change the amount. But I KNOW he will fight this and try to claim he can't afford any type of increase.
Does anyone have experience in Washington State on this issue?
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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Why was your salary reduced and for how long has it been that way ?
If he has been unemployed and hasn't sought a modification, I would be desperately seeking my own solution to increasing my own salary back to where you need it to be.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Is your support order from WA? What state are you in now? Finally, who moved?
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annieo
veteran
Reged: 07/07/10
Posts: 1410
Loc: Pacific Northwest
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Washington state will take the new children into consideration but your children will come first - it is not a huge deduction for his new children but if he is unemployed I would try to raise my own salary some how - the modification will be based on his unemployment versus your income and you could end up with less then what you have now.
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KoalaGirl
recently joined
Reged: 01/08/11
Posts: 22
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Thanks for the replies. Let me clarify a few things..he's currently working. He works in the construction industry and claims to not always have steady work. I would guestimate that he works 75% of the time. He has told me that he could work 100% of the time but he would have to drive 1 1/2 hours to the 'city' to do so. The times that he is without work, he is working on building his own home.
My income was reduced by my employer...everyone in the company received a reduction..it was either that or the company would fold. The reduction was made Dec 2009. I have been seeking other employement but the job market for what I do is not so good right now. I have been getting some side jobs here and there to help supplement the income.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30210
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Construction, being done outside, is seasonal. You losing income is not a reason to raise HIS child support.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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KoalaGirl
recently joined
Reged: 01/08/11
Posts: 22
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And you said they would take his children into consideration which surely makes sense. Do they use a percentage or some sort of calculation...do you know?
Thanks again for any help or advise.
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KoalaGirl
recently joined
Reged: 01/08/11
Posts: 22
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gr8Dad..the child support hasn't been changed since 2003. I have never sought to modify it and BOTH of our salaries since that time have changed considerablly...both of us making a lot more and the percentages are much different.
The children are both 12 and older and according to the c/s website, just that fact alone is reason to have the child support modified (or at least looked at).
Here are the criteria:
The amount of change must be:
•At least $100 and at least a 25% change up or down, or
•An increase in current support of less than $100 would
allow your family to stop receiving public assistance.
•It's been three years since the order was entered or last reviewed by DCS for modification,
or
•There has been a significant change of circumstances since the order was last modified.
Some examples that may be a significant change in circumstances include:
•You are now in Jail.
•You have become permanently disabled or now receive public assistance.
•You have new children you must support.
•You have lost your job and are unable to find employment at the same wage.
Although I didn't lose my job, I am definitely unable to find employment at the same wage I was making before.
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KoalaGirl
recently joined
Reged: 01/08/11
Posts: 22
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Actually...here is another set of criteria from their website:
I want DCS to review my support order. I want it modified because (check the boxes below that affect your case):
3.
1. My wages changed.
At least one of the children in my case is:
2. The wages used in the current order are more than my actual earnings.
4.
The other parent's wages changed.
a. Twelve years old or older. This is a change from the current order.
b. Living in a different home.
c. Not going to school or living at home.
6.
5. A health insurance requirement needs to be added to my order.
I am disabled or imprisoned.
7. Other (give details):
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30210
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Okay, I am not talking about the LEGAL sense of should child support be raised, I am talking about the ETHICAL sense. Yes, it should be in line with what he and you are making, but not because YOU are making less money. Lets be honest, if you were making MORE money, through YOUR hard work, would you be seeking to have him pay LESS because of that? A loss in your career is not really his responsibility.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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