lucky3
recently joined
Reged: 09/11/10
Posts: 18
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The judge ordered my stbx to pay child and spousal support. He says he's going to file a motion to have it changed. I did some research and circumstances have NOT changed since the judge ordered it last week.
He says he can't afford to pay that much, that it's 60% of his income. By the way, in his response papers he consented to the guidelines that would be calculated in determining it, which is what the judge went by.
Does he have a chance at getting it modified? I'm in CA.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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I would have to ask why you would want to take 60% of someone's income? He has to live as well. Perhaps you could drop the alimony a bit to be a tad fairer.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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lucky3
recently joined
Reged: 09/11/10
Posts: 18
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I did not decide the amount, the judge did it right there on her computer following the income guidelines which he agreed to on his response papers.
Does he have a shot at getting it modified?
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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It depends on what he's asking for . He could request a reconsideration or an appeal , neither is certain to work . Simply asking for a mod is unlikely .
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Careful. We don't want to learn from this.
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Fishergirl
addict
Reged: 12/06/08
Posts: 469
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Unwisely for him it will probably cost him far more in court costs to go through the modification than it will to just stick with the amount the judge set. My ex just did that and after months and him getting fired from his job it was cut but not the extent he wanted, the judge lectured him several times and it cost both of us thousands of dollars. I was ok with a cs review - I just wanted it to be honest which he was not being. Plus he threw in a whole bunch of "requests" that were thrown out right at the start. It isnt very likely that a judge is actually setting it at 60% f his income. At least for me and here they never set it higher than a certian percentage.
I also doubt that he would be granted a modification if nothing has really significantly changed in 3 weeks other than he doesnt want to pay. Not very many want to pay so thats beside the point.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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Do you know what his income is ?
Is tha amount anywhere close to 60% ? Or does he have a ton of deductions, like a big amount to a 401K and he is exaggerating his bottom line ?
Or his he claiming it's 60% of his base salary, but he makes much more in OT or bonuses ?
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