"Claiming Hardship"

Posted by: matthew

"Claiming Hardship" - 03/27/07 06:49 PM

I transferd my C.S order from the court to C.S.E. My ex- who hasn't seen our son in 3 1/2 years said she's claiming hardship because she has a 3 year old daughter. What does this mean? I'm Sh*t out of luck to have the support increased. Can I claim hardship as well since my wife and I have a 1 1/2 year old? What should I do??? Please help!
Posted by: Cinder2

Re: "Claiming Hardship" - 03/27/07 06:56 PM

To claim hardship she would have to prove that providing full child support for the first child would be to the detriment of the second child. The court would need to see proof of her income and the income of the second child's father if she is living with him or her child support order if she is separated from him. You would have to do the same with your second child and his/her mother. This does not mean you would get no child support, just a reduced amount. Basically, she would have to be at or near the poverty level to have this work.

Cinder
Posted by: cincsu

Re: "Claiming Hardship" - 03/27/07 07:09 PM

when my DH started the CS process the court gave BM a hardship deduction for her first child. she said she wasn't receiving child support even though she was. basically what they did was reduce her income by $980 per month which required my DH to pay more CS to cover what she "wasn't getting" from the other daddy.

you might be able to claim a hardship for your child if your wife isn't working, but if both of you are working it would be unlikely.

even if she does ask for a hardship you can ask the court to deny it since she already had the child with you and knew her support amount before she decided to go out and have another baby.
Posted by: matthew

Re: "Claiming Hardship" - 03/27/07 08:30 PM

Thank You for the advice! What does DH stand for? :)
Posted by: Cinder2

Re: "Claiming Hardship" - 03/27/07 09:07 PM

DH = husband
Posted by: Melody

It means - 03/27/07 09:23 PM

that she is attempting to persuade the courts to look upon the subsequent child as a valid reason to reduce her child support obligation. Some states will allow this. You could certainly indicate YOUR subsequent child and it's possible that the state will view them as a "wash".