Child support enforcement bureau filed a petition in family court on my behalf requesting: child support and medical support arrears, that child and medical support be paid through child support collections unit, that ex-husband provide updated medical and drug cards for our 16 year old son, and for an upward modification of child support.
I have an unmerged stipulation of settlement (April 2008) that, among other things, requires my ex husband to pay child support by the 1st of each month, 50%of unreimbursed medical expenses, provide updated medical and drug insurance cards for my son, and pay $15 psychological expenses simultaneously with his child support obligation.
The only issues the support magistrate is dealing with are the medical and child support arrears.
I asked her if I could provide testimony and evidence to support the part of the petition requesting an upward modification. She answered, shaking her head, "was there an unanticiapted change in circumstances?" I answered yes and she just ignored me.
The basis for my argument is that since the stipulation:
1- My food costs have risen 50% per month since the stipulation (my 16 year old is a good eater and has grown 3 inches since the stipulation!).
2- My real estate taxes and home insurance has risen $177.00 per month.
3- My ex husband has had 4% pay raises for the 2 years since the stipulation and will have another 4% raise in 2010 and again in 2011
4-Since May 2009, his employer pays $5.00 per day to his annuity fund (about $1,300) a year
5- My ex-husband lives with his brother for free.
6- The visitation in the stipulation provided that he have visitation with my son every other weekend for the entire weekend. It turned out that he sees my son once or twice a month for a few hours and never spent a weekend overnight with him.
7- My son now requires men's sized clothing which is more expensive than boys sized clothing
8- Our family dogs medical costs have risen due to unforseen illness and medical conditions
I do not understand why the magistrate denied my request to be heard on this issue.
I have another court date in about a month. She let my ex slack off for another month without paying. What can I do to get her to hear my testimony. I have receipts and bills to back up my claims.
Based on the above, is my request for an upward modification of child support warranted at this time?
Thank you for any advice!
I have an unmerged stipulation of settlement (April 2008) that, among other things, requires my ex husband to pay child support by the 1st of each month, 50%of unreimbursed medical expenses, provide updated medical and drug insurance cards for my son, and pay $15 psychological expenses simultaneously with his child support obligation.
The only issues the support magistrate is dealing with are the medical and child support arrears.
I asked her if I could provide testimony and evidence to support the part of the petition requesting an upward modification. She answered, shaking her head, "was there an unanticiapted change in circumstances?" I answered yes and she just ignored me.
The basis for my argument is that since the stipulation:
1- My food costs have risen 50% per month since the stipulation (my 16 year old is a good eater and has grown 3 inches since the stipulation!).
2- My real estate taxes and home insurance has risen $177.00 per month.
3- My ex husband has had 4% pay raises for the 2 years since the stipulation and will have another 4% raise in 2010 and again in 2011
4-Since May 2009, his employer pays $5.00 per day to his annuity fund (about $1,300) a year
5- My ex-husband lives with his brother for free.
6- The visitation in the stipulation provided that he have visitation with my son every other weekend for the entire weekend. It turned out that he sees my son once or twice a month for a few hours and never spent a weekend overnight with him.
7- My son now requires men's sized clothing which is more expensive than boys sized clothing
8- Our family dogs medical costs have risen due to unforseen illness and medical conditions
I do not understand why the magistrate denied my request to be heard on this issue.
I have another court date in about a month. She let my ex slack off for another month without paying. What can I do to get her to hear my testimony. I have receipts and bills to back up my claims.
Based on the above, is my request for an upward modification of child support warranted at this time?
Thank you for any advice!