frgle
recently joined
Reged: 08/19/12
Posts: 2
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Well,
Here it is -
Lost job and was unemployed for two years.
Started new job on May 1, 2012.
Suggested to ex that we re-calculate CS.
Calculating overnights, I figured $189
Her calculations - $466. Almost $300 swing.
Because of high cost of rent I did not renew lease. Could not find anything cheaper except government assisted living which I now do not qualify for because of my new job. I am now living with a great family in a great home as a result. But I can not stay here forever because my child and I need our own home. The problem is that now that CS has gone up, I can't afford to move out. My question is this - Can I get the CS changed in light of the fact that my income is not sufficient to provide a place for myself and my child (when she is with me)?
I just don't know what to do!
What info. have I left out. I am sure there is something!
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2019
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What did the state guidelines show that you should pay? I wouldn't just take your ex's word for the amount of child support.
Not a couple more questions:
1. Did the judge sign off on the new amount? If so, even if it isn't guidelines, you may have to wait for either enough time to pass or a change of circumstances (deciding you don't like the amount is not a change of circumstances) to file unless your state's guidelines state that you can file for a modification at any time.
2. If the judge didn't sign off on it, then file for a modification of the current child support order (which is not the $466 but the prior amount listed in the court order). But don't expect your or your ex's expenses to play a factor in the amount of child support at all. If the guidelines do show that the amount should be $466 a month, then that is what it will be.
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MinnesotaMom
enthusiast
Reged: 01/05/11
Posts: 201
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I don't think affordability is in the state equation. You will need to get a 2nd job.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20191
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"I don't think affordability is in the state equation. You will need to get a 2nd job."
No offense, but the second job line gives the rest of us women a bad name. The original poster didn't mention that the recent change was court ordered or even went by the guidelines; to ignore that and just tell the poster to get a second job is beyond bad advice... makes ya sound like a greedy ex, and newsflash, there is a reason there are guidelines, and just because you want cs to be a certain amount, doesn't make it so. It is sad you believe the poster should get a second job, before figuring out if he is overpaying or even ordered to pay the current amount.
frgle... Goodmom is correct, there isn't really an answer without more information from you.
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MinnesotaMom
enthusiast
Reged: 01/05/11
Posts: 201
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It doesn't hurt to find out what the guidelines are, but I suspect a judge will tell this person exactly what I said if he indeed can't afford whatever that amount is.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20191
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"It doesn't hurt to find out what the guidelines are, but I suspect a judge will tell this person exactly what I said if he indeed can't afford whatever that amount is. "
It doesn't hurt to find out what the guidelines are?? Wow. Mom and dad's calculations were almost $300 apart, I'd say it's smart and long overdue to find out what the correct amount is, because they both can't be right and that's quite a difference. And yes, he will be expected to pay whatever the court ordered amount will be, and hopefully he can make it work. If he can't, THEN you can gripe at him to get a second job. As long as there is a chance he is overpaying, "you will need to get a 2nd job" is premature... and greedy.
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Sadie
addict
Reged: 06/03/05
Posts: 567
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The biggest problem with a second job is that once he gets one, that income will be conted for cs, and he will still be just as broke, just working more hours
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MinnesotaMom
enthusiast
Reged: 01/05/11
Posts: 201
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That's true in some states. In others it's only calculated on the first 40 hours.
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MinnesotaMom
enthusiast
Reged: 01/05/11
Posts: 201
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I don't mean to sound greedy. I'm telling it like it is. Or, maybe it varies alot from place to place, I don't know.
I do see the original poster as probably a lower wage earner, although that's not a negative thing. I just don't see many custodial parents trying to find the best financial way for the other parent; most everyone I know wants to know how to get the most amount of money.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20191
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"I just don't see many custodial parents trying to find the best financial way for the other parent; most everyone I know wants to know how to get the most amount of money. "
Maybe you need to get to know different people... and I would hope you don't include yourself in that if you have custody. I don't mean to sound rude, but having encountered being stereotyped on nothing but my custody status before, it frustrates me to see advice that perpetuates this stereotype. We're not all like that, I would hope the majority of us aren't.
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