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Post by jovifan on Feb 17, 2015 21:02:40 GMT
I am contemplating filing a motion to take my ex back and get a change to the child support.
Nothing has changed other than Im pretty sure he makes more than he did 3 years ago when we last were in court (promotion).
Im afraid because there could be some reperussions from this. In the past he would always retaltiate 'somehow'. So I don't know if its worth it. Plus Im scared as it seems you go to court alone, no lawyers by your side.
So Im wondering if anyone has done this and how it went. I have all the paperwork printed that I would need. I just get scared about actually going through with it.
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smartypants71
Drama Llama
Posts: 5,992 
Location: Houston, TX
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Post by smartypants71 on Feb 17, 2015 21:13:19 GMT
In Texas, if your case is being managed by the AG's office, you are entitled to a review every 3 years. No one gets taken to court. They just request records from his employer and that's the end of that. They don't review unless you request one. The ex has gotten a little peeved when this happens, so I just blame the AGs office and he buys it  |
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Post by hennybutton on Feb 17, 2015 21:14:07 GMT
How does he retaliate?
If he's making a lot more than he did at the last court order, an increase should go through with no problem. And, not knowing what state you're in, I don't know why you wouldn't have a lawyer. They have software that can calculate how much you should be getting.
Now, if you have problems with him "retaliating", then I think you should hand child support collection over to your DA's Child Support Division. If I remember correctly, here in California, they can put in for child support increases for you. It may help to have them garnish his wages so he's not getting that steam all built up every time he has to write a check.
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Post by Yubon Peatlejuice on Feb 17, 2015 21:14:46 GMT
There isn't much to be nervous about. This isn't something you would have to see a mediator or judge about. Just go in there and fill out paperwork asking for a review of your CS and be able to explain why. They will contact your ex to provide proof of his income. It's really not difficult at all.
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Post by jovifan on Feb 17, 2015 21:21:58 GMT
There isn't much to be nervous about. This isn't something you would have to see a mediator or judge about. Just go in there and fill out paperwork asking for a review of your CS and be able to explain why. They will contact your ex to provide proof of his income. It's really not difficult at allote here.
I guess I didnt realize that was the case. If it is, that would be sweet.
I am in Wisconsin. We do have lawyers but I guess I just figured this was not something they got involved in. I do have the paperwork already filled out. Do I bring my W2, to show my income?
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Post by jenb72 on Feb 17, 2015 21:32:12 GMT
In Texas, if your case is being managed by the AG's office, you are entitled to a review every 3 years. No one gets taken to court. They just request records from his employer and that's the end of that. They don't review unless you request one. The ex hasn't gotten a little peeved when this happens, so I just blame the AGs office and he buys it Where I am in GA it's the same way. You are entitled to a free review every three years, but you have to request it. Jen |
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Post by jovifan on Feb 17, 2015 21:33:50 GMT
I just emailed my lawyer. I always try and stay away as much as I can because everything costs you with them...haha.
I just asked him to explain the process on how this would go. So maybe this won't be as bad as I was anticipating.
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Post by hennybutton on Feb 17, 2015 22:00:37 GMT
It actually shouldn't go badly at all. The only thing that concerned me with your OP was the mention of retaliation. Without knowing what kind of retaliation you mean, it makes me think a lawyer might be useful.
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Post by jovifan on Feb 17, 2015 22:04:52 GMT
We just went through years worth of nastiness and the courts. Things finally settled down and we have actually been getting along pretty good. But whenever it came to court I'd alwways hold my breath on what he was going to try and do. Nothing physically hurting me...just emotional crap.
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Post by not2peased on Feb 17, 2015 22:05:41 GMT
I wouldnt take legal advice from the peas-things can vary greatly from state to state and might depend on what your stipulation says.
no one here knows your situation
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Montannie
Pearl Clutcher
Posts: 3,486
Location: Big Sky Country
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Post by Montannie on Feb 17, 2015 22:30:10 GMT
Every state has a child support enforcement agency that provides some type of modification services. They are required by federal law to offer a modification review every three years. Contact your state's child support agency for an application and request a modification.
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Post by jovifan on Feb 18, 2015 0:18:54 GMT
There IS a hearing. Boo.
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garcia5050
Pearl Clutcher
Posts: 2,815
Location: So. Calif.
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Post by garcia5050 on Feb 18, 2015 0:27:07 GMT
Bummer about the court hearing. I had a friend who was receiving $200 per month for her son. After 7 years, she asked her ex (directly, not via the court system), if he could pay $250 instead of $200. He told her no, and she would need to go to court if she wanted more money. We were all thrilled when the court decided he should now pay $650 a month.
Good luck to you!
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Post by jovifan on Feb 18, 2015 0:30:13 GMT
bahahaha...that's fantastic!
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Post by AussieMeg on Feb 18, 2015 8:01:13 GMT
Mine gets reviewed automatically every year by the Child Support Agency here. They just send a letter to my ex telling him what he has to pay, and a letter to me telling me what he earns and what he has to pay. It's tied into the Tax Office records. So easy!
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Post by fkawitchypea on Feb 18, 2015 10:31:09 GMT
In NYS, I am entitled to a modification every 3 years. I will say that the last time a modification was requested (not by me), the support was reduced. My expenses that my ex is required to reimburse like child care and medical insurance dropped. His income had increased a bit so it wasn't a sharp drop, but it was still less.
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