sabrinab
recently joined
Reged: 12/08/06
Posts: 9
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Good morning all.
I just joined, and have a question. Recently I have been summoned back to court by my ex and his new wife. They were seeking to lower child support for our 3 children. I countered with an increase. He refuses to submit to the courts any financials, and just does not appear when ordered. He lives in NV, the kids and I live in VA. All of this is being handled in VA as I got a change in venue due to the kids location. He agreed to the move to VA, and had no problem with it as his new wife does not like my kids. Is there a way to force him to submit the financials so a proper increase can be determined?
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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The court can force him to submit the financials OR the court may decide what they think he earns based on prior amounts and imput his wages to what they want.
If he is the one that wants to lower CS, then he is going to have to present financials.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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Recently I have been summoned back to court by my ex and his new wife.
---> You were NOT summoned to court by the ex AND his wife...she is NOT a party to the case.
I countered with an increase.
---> Why?
Is there a way to force him to submit the financials so a proper increase can be determined?
---> No, you can force someone to submit financials SO CS can be increased, but you can force someone to submit financials so CS can be properly calculated.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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...the increased expense of having to travel to VA for court? Such as a decrease in support, or help with the tickets?
Honestly, what grounds did he offer for the decrease? What grounds do YOU have for an increase? How often does he see the children, and who pays for transportation? With these answers, I can offer more suggestions.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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She wasn't asking for suggestions, Gr8dad. She wasn't asking us to tell her what she should be doing. She's asking if she can force her ex to turn over his financials.
The answer is YES. Poster, if you file a motion to increase child support, he will have to turn over his financials. However, he doesn't HAVE to do that until the courts ask him for it. If you ask him, he doesn't have to give them to you.
Same goes for his decrease. He will have to turn over this financials to seek a court-ordered decrease.
If you tell us how much he makes and how much you make, what state you are in and what type of parenting arrangments you have, we can run the numbers and tell you what you might be looking at.
You seem pretty certain that an increase is due...so I'd suggest you pursue it via the courts.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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...think she is deserving of an INCREASE? Is it because HE filed for a DECREASE? Because that is the ONLY reason she has given so far.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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Probably because she never sought an increase for many years even though she could have. Now that he's filing for a DECREASE, it is time to re-evualate to have it set at the proper amount.
I've heard of this many, many times. CP willing to just keep it as it is, even though they could probably get an increase if they wanted to. Now that he's asking for a DECREASE, it's time to do a complete re-evual. Seems like she's been through this before with him and he was a no-show.
Heck, Gr8dad, you'd to the same thing and you know it. If you were entitled to a decrease and never sought it...just leaving well enough alone...and then your ex went for an INCREASE even when you knew a decrease was more likely, you'd go for the proper amount.
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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Unless I am missing something, where does it state that she hasn't had an increase for years and years?
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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[quote]Probably because she never sought an increase for many years even though she could have. [/quote]
Where'd you get THAT?
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Eternity is too long to be wrong.
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jil_stevens
Carpal \'Tunnel
Reged: 07/31/06
Posts: 3893
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OP didn't specify one way or the other, whether there has been an increase recently, or not, but I am inclined to give someone the benefit of the doubt until they state the reason rather than jumping down peoples throats about it.
I agree with Susan here, if it has just been left alone for years, and he wants it reevaluated, it could go either way. It doens't mean she is trying to get back at him or something.
The same thing is happening with us right now. Ex filed asking for a decrease because of a change in his income, a very, very slight drop. But he didn't take into account that his income has been steadily increasing for five years, and I never bothered to file. So now, it is going up significantly. It doesn't mean I am getting greedy and, in fact, means he was getting greedy but didn't think it through. In an effort to save a few bucks a month without running the numbers first, he is ending up paying a lot more.
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