Child support modification - Income disclosure

[christivaca]

My ex and I have been divorced for 10 years. I have two children who were 3 and 5 at the time. Based on the laws at that time and his w-2 - he was supposed to pay $920/month. He claimed that he wouldn't be able to live if he paid me that much. I said then you give me enough money to pay for their daycare ($650) and what it costs me to have them on my insurance ($150) - even then he was bitter about $800/month. Now these children are into a couple of different sports, one of them costs me approx $3500-4000 year with dues and traveling. Their grocery bill alone (two teenage boys) is $800/month. He NEVER paid for anything extra EVER and I NEVER asked him to. Then my son began playing select soccer about 5 years ago. At that time I was spending about $1300/yr. Then 2 years later my other son started playing select soccer. It wasn't until that time when I started asking my ex for help, anything at all so these kids could continue to play. Out of the +/- $13,000 I have paid for their select soccer, he has contributed $400 in 5 years. I can not tell you how many times I have waited for checks that never came.

I would like to go back and get a modification. He said I should go ahead because he doesn't make as much money now as he did then and that it would be lowered. Can I ask for disclosure of his annual income the past couple years?? He lives in Arkansas. Is there a chance that the support would be reduced?

 

[Duranie]

He is probably not required to pay for extracurricular activities. Frankly if all those activites are that expensive you need to decide if you can afford them. Unless the decree specifically says that is to pay for all this outside stuff, going to court and trying to get him for more CS may backfire especially if he is earning less.

800/month is a good chunk of change for 2 kids if that is what he is paying. If you are afriad he is indeed making less, then I would not put in for an increase.

Most courts do not require the NCP to pay for extracurricular activities. If he pays CS then that is all he is required to pay.

 

[christivaca]

He is probably not required to pay for extracurricular activities. Frankly if all those activites are that expensive you need to decide if you can afford them. Unless the decree specifically says that is to pay for all this outside stuff, going to court and trying to get him for more CS may backfire especially if he is earning less.

800/month is a good chunk of change for 2 kids if that is what he is paying. If you are afriad he is indeed making less, then I would not put in for an increase.

Most courts do not require the NCP to pay for extracurricular activities. If he pays CS then that is all he is required to pay.

I'm new to this site, and didn't know I was posting on just a basicgeneral forum, I thought it was a place to get some legal opinions/advice from some people familiar with the law (law students, etc.) I guess that is not the case, my bad. I was asking a legal question.

Duranie, my assumption is going to be that you are a man with no children - making the statement that $800 is a good chunk of change.....is ignorant, without knowing the facts. My children are teenagers and eat $800 worth of food per month alone. I'm well aware of the need to look at the expenses, thanks for enlightening me, even though I didn't ask for your opinion on what I need to re-evaluate. Also, I don't remember asking if he had to pay for extracurricular activities, I already know the answer to that, I didn't need someone telling me what my divorce decree says, cuz I already know what it says. Pay attention now, I was asking if there would be any way to get disclosure before going to court, in case he really is making less, and is there a chance they would reduce my CS (did you not read my entire post - because that was the whole point of my post)

I am trying to make a better life for my children and give them opportunities I never had. We make huge sacrifices for them to play club ball. I asked their father if he would help before I even committed to put them on a team and he said he would. Well he hasn't and I have been struggling with as I said, "checks that never come" for a few years now. He paid, FOR TEN YEARS, $120/month LESS than what he was supposed to pay, because he whined about not being able to make ends meet if he paid me $920. I agreed to $800 and now he says he will help with other stuff and then never comes through.

I did think that this was a site to maybe get a tad bit of guidance to point people in some direction, but apparently this is for anyone who wants to get on here and editorialize about very very sensitive topics in other peoples lives. How unfortunate.

 

[Duranie]

I am actually a woman with a child of my own, thank you.

You will not get legal advice on here, there are disclaimers that anything posted on here does not replace seeing an attorney.

He is only required to pay a % of his income. Yes raising kids are expensive, so if you think he is making less then don't put in for an increase. Generally he is supposed to show is W2's every 2 or 3 years for review. Call CSE and see what the guidelines are in getting W2's reviewed if it has not been done in several years. If he is making less, he can put in for a decrease.

If you want to rock the boat, go ahead, I wouldn't. You get $800/month for 2 kids, many women see no child support at all. That is a good chunck of change to me. You might not think so, but it is. If you want him to pay the additional 150/mo he will probably wind up applying for a decrease to get out of it. You run the risk of getting less if you do this. So if you are struggling on 800 or whatever a month, see if you can get by on 600 or 700.

Your post specifically said you asked him for help in paying for the kids soccer. He has not so know you want more $$$.

This is not a support board, its for so called "legal advice" so if you do not like the responses, then post on a support board.

 

[CanadianMama]

From what I know (and I'm not sure if the laws are different where you are) you are within every right to request the last 3 years worth of income tax, as a reassessment, to see what your ex has been making.
There is also a law here that everything must be proportional. So if my ex was making 3x what I am, he would be required to pay for 3/4 of the 'extra's' (and the extra's are defined). They include such things as medical, dental (if you don't have benefits), sports fees, etc.

My caution to you, would be this. Be sure that you're not going to spend money on legal fees, when in turn, he might actually be making less as he said! Be sure that this is not the case! You also want to be careful that he doesn't turn around and require you to pay HIS legal fees too, if you lose.

Just a thought but, have you considered a mediator?

 

[nmic111]

Work a Second Job?...for the kids!

Hi,
I'm not sure of your personal situation, but my recommendation would be to try to increase income on your end, while continuing to *gently* seek help from your ex. Send him pictures, news clippings, practice schedules and the like. If he's involved and supportive, perhaps the $ will follow . If geography and distance are a problem, even phone calls from the kids and mail with encouraging news of their successes may help.

On your end, make sure the kids have a job, even if its mowing lawns, babysitting, or working at the mall. Every litte bit helps. As a teen, I worked hard too, and it will certainly help. As a Mom, I'm sure you contribute financially, and work long hours.

Its never out of the question to get a second job. I'm a NCP, and work 2 jobs (day job + Guard/Reserves). Without that second income, I too would not be able to pay for kids' camp and extras, which I do without question. It sucks working 10 days straight when I've got Reserve weekends, and its tough getting up at 4:30 AM to be at work 0500 on a Sunday morning. But, thats the breaks, and I know the family is better for it.

If you're already working 2+ jobs, then my hats off to you. Keep up the good effort!

PS, you'll find good insights on this Forum,...but be patient.