What are my chances of getting child support increased?
I live in Alabama. My ex-husband works for himself and is notoriously difficult when it comes to providing information about his income. He claims his income has decreased somewhat, mine has increased slightly. However, with skyrocketing gas and grocery prices, I’m having trouble making ends met – plus summertime is here which means summer day camp $$$$ for school age kids. In 5 years, I have not asked for an increase.
Also, he only sees the kids approximately 8 hours a month (they stay with his mother during his scheduled weekends – he visits them there). He has also developed a drug habit (came to a birthday party out of his gourd in front of everyone last year). Would I be more successful at having the support increased if I tried to get full custody instead of joint? As it is, it’s joint in name only anyway.
All advice is appreciated.
I should add that he still makes more money than I do.
Child support isn’t based on custody, on drug habits, or on increased prices of gas.
It’s based on a formula that uses both salaries and expenses. You can google an “alabama child support calculator” to determine what you can expect to receive.
However — is it worth the court costs to take him back to court? These types of cases are rarely successful unless the parent paying child support experiences a very significant increase in income. You may actually end up with less child support (since your income has increased and his reported income has decreased) plus court costs and lawyers fees.
I think you should be more concerned with your children’s wellbeing when with him than money.
you should go for full custody as you do not need your kids around anyone that has a drug problem, and you can get an increase no matter how secretive he is about it you can get an IRS return that shows what the income was, but as is always the case the best thing is to go to an attorney
I am not sure how the legal systems are in different states, but your best bet is to your local judicial branch and talk to someone there who specializes in domestic issues. I’m sure there is some sort of way to request more child support if you can show a need (higher prices, etc). As far as joint/total custody I’m not sure what the difference is, but it would make sense that you would get more support if you were providing for the kids full time. To me, I think your best bet would be full custody from what it sounds. Good luck!
your ex husband has to provide his last 3 years income tax papers… showing how much he made, you can request a modification every 3 years no matter what…! if he has not filed w/ the irs, he can and should go to prison for not doing so… child support will report that to the irs… hehe…
yes, you should get an increase… if his tax papers lie about what he’s made, tell the child support agency this…
good luck! go get it modified! =) and go for the full custody, anyone on drugs should not have a part in custody…that’s the truth…
all you can do once child support has been established is to make a motion with the court and provide all of your financial information. they will order him to provide updated financial information and then there is a formula they use to determine child support. If your numbers are right and he is paying less than what is law, they will increase it. having full custody does not mater when it comes to child support as it is determined by his wages and income and yours, not where the child resides unless you get full custody and he gets no visitation, and at that point he can make a motion to have the support lifted if he signs all rights away to the child and that is only if the court lets him.
I can only speak for to the laws in my state. However, if custody is Joint, then you should not be getting support, anyway. That is how it is, here.
Your first step would be to take him back to court and request joint custody, presenting any justification that you can.
Next, he will be expected to provide the court with sufficient evidence of his salary. In my state, a child support worksheet is completed to arrive at the necessary support.
The fact that he is seeing his children only 8 hours a month, needs to be documented, as people have a tendency to lie in court. You can bring up the drug problem, if you so choose, but without corroborating evidence, it will be deemed as heresay.
I would say you have some work ahead of you. A licensed attorney should be able to steer you in the right direction.
I hope this helps.
You should be able to take him back to court every 3 years to have them look at his financial situation. Of course if he’s telling the truth and he’s not making that much you may get less.
Your only entitled to 20% of his income before tax. But as far as camp and extra corricular activities, he should be paying for 1/2 of those costs on top of child support.
It really shouldnt matter if you have joint custody or not. You’ll still only get 20% of what he’s making.
Educate yourself on the childsupport laws in your state.
My ex cut me off from CS with 3 teenagers, I survived worked harder and raised my kids without his %$#@&*^ money. He now owes me &19,000.000(will never see it) in back CS. My kids are grown and gone, and very successful. be lucky and thankful that you get anything.
Children are not tools to be used against one parent or the other.
And the courts WILL take in to account you are making more income also.
You have to stop and realize also that if he is self employed and owns his own business that it could be true that he is not making the same amount of money due to the fact of rising prices and gas. My husband works for himself and does not make enough money to pay his full amount of child support every week but I make sure to send at least half of it. The economy is effecting everyone and I know with my husband working in construction it hit our bank account hard. Just please take that into consideration before you go to court cause you could end up getting less if he really is taking in less money right now. I know my husband is not getting half the work he used to simply because no one has the money to pay anyone to do the work. Good Luck with your situation and I hope everything works out for you.
I know in New York State,you can ask for an increase once a year.I would if I were you try for full custody and ask for an increase,as you haven’t done so in 5 years.You have nothing to lose.Go for it and good luck.