What is the name of your state? Wisconsin...we obtained physical placement from BM of 3 teenagers 1 year ago. at that time, we agreed to 100.00 mo. in support for teenagers. Our support to BM stopped once kids were obtained. Of course, we've found that 100.00 is not enough to cover expenses. Our lawyer wants us to come up with a list of expenses that we've incurred which have changed from a year ago since agreeing to the 100.00/mo. We are working on this list but do we really HAVE to do this? Isn't the law in Wisconsin a percentage of the NC parents income?
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change in child support
- Thread starter teejay
- Start date
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I AM ALWAYS LIABLE
Senior Member
teejay said:What is the name of your state? Wisconsin...we obtained physical placement from BM of 3 teenagers 1 year ago. at that time, we agreed to 100.00 mo. in support for teenagers. Our support to BM stopped once kids were obtained. Of course, we've found that 100.00 is not enough to cover expenses. Our lawyer wants us to come up with a list of expenses that we've incurred which have changed from a year ago since agreeing to the 100.00/mo. We are working on this list but do we really HAVE to do this? Isn't the law in Wisconsin a percentage of the NC parents income?
My response:
Your State law may, in fact, be a "percentage". However, you waived that right by agreeing to something less than the guidelines, and it was approved and ordered. Therefore, now you need to show and demonstrate a significant change of circumstances (beyond what existed at the time of the original order) to allow the court to award you something more than what was originally agreed by you and ordered. Merely stating that it was a "mistake" or you were to naïve, or "miscalculated", or any other excuse that is not legally cognizable, will not help you.
It's going to be a 90 degree uphill battle.
IAAL
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njmom
Guest
just a question??
Were you paying the BM 100.00 a month prior to the agreement you made, once you "obtained the children"? If so, that is probably why she couldn't make it either!!
Were you paying the BM 100.00 a month prior to the agreement you made, once you "obtained the children"? If so, that is probably why she couldn't make it either!!
njmom, No...we were paying 1200.00/mo to BM when she had the kids..we obtained the kids by child abuse order in february of 2001 with no support. she lost her job and was unemployed so we agreed to 100.00/mo...she found a job, sold her house, remarried, bought a new house and car. she admitted she put the 90,000.00 she profitted from the sale of her house in an IRA. She also admitted she makes 25,000/yr and in two years will be making 50,000.00....hope that answers your question!
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njmom
Guest
OK
Yes, that does answer my question!!......Once you go for a support modification, this list is definately mandatory. I believe she is also going to have to list her expenses as well. It really isn't that difficult to do, you should know you're expenses after having the teenagers for a year. The longer you wait to do the expense report, the longer it will take to have the child support modified!!.....Good Luck!
Yes, that does answer my question!!......Once you go for a support modification, this list is definately mandatory. I believe she is also going to have to list her expenses as well. It really isn't that difficult to do, you should know you're expenses after having the teenagers for a year. The longer you wait to do the expense report, the longer it will take to have the child support modified!!.....Good Luck!
update-change in support
For anyone who's interested...here's an update so far...we're scheduled to go to court tomorrow to obtain more support for the kids...the BM was subpoened for her financials, etc. we received word today she is no longer employed. not sure if it's her choice or what. she is asking to drop support all together. we have comprised a list of expenses we've incurred since the kids have moved in with us to substantiate why we're asking for an increase. the judge denied it in february but said "if you come back in july, i'll probably do it." I kind of sense a bit of one sidedness with the judge as he's heard it all, seen it all. just curious if anyone knows what the chances are of the judge dismissing support all together? can facts that she purchased a new car, house, went on vacation and admitted to putting 90,000.00 in IRA be used to show she HAS or HAD money?
For anyone who's interested...here's an update so far...we're scheduled to go to court tomorrow to obtain more support for the kids...the BM was subpoened for her financials, etc. we received word today she is no longer employed. not sure if it's her choice or what. she is asking to drop support all together. we have comprised a list of expenses we've incurred since the kids have moved in with us to substantiate why we're asking for an increase. the judge denied it in february but said "if you come back in july, i'll probably do it." I kind of sense a bit of one sidedness with the judge as he's heard it all, seen it all. just curious if anyone knows what the chances are of the judge dismissing support all together? can facts that she purchased a new car, house, went on vacation and admitted to putting 90,000.00 in IRA be used to show she HAS or HAD money?
VeronicaGia
Senior Member
Along with those financial requests, you requested income tax forms, w-2's, 1099's, etc, right?
You can ask the judge to impute income to her based upon what she was making when she was employed, and then ask for guideline support.
Do you have an attorney? If not, you should at least get a consultation or two. But it's best if you hire an attorney for this increase.
Are you also asking her to keep the kids covered with medical and dental? Also you need to ask for 50% of uncovered medical and dental expenses with your modification.
You can ask the judge to impute income to her based upon what she was making when she was employed, and then ask for guideline support.
Do you have an attorney? If not, you should at least get a consultation or two. But it's best if you hire an attorney for this increase.
Are you also asking her to keep the kids covered with medical and dental? Also you need to ask for 50% of uncovered medical and dental expenses with your modification.
Veronica, thanks for reading...we do have an attorney working on this (she used to work for him ..tee hee) anyway, he did request her tax reports for past 2 years...he also requested for us to come up with a list of her employers..we came up with 11 employers in the past 6 years...i think he wants to show her instability in keeping a job. the original decree stipulates both parties are responsible for 50% of the medical bills (which by the way was ANOTHER battle- we had to take her to court to pay for bills that were up to 3 years old-the judge gave her 60 days to pay past medical bills, 30 days for child support in arrearage and 90 for lawyer fees...she, of course, waited until the last days to pay each...okay off track...anyway, we "hear" thru the rumor mill she may be working at a new job..which brings up another question...would the judge base the support on the new wage or average of all of her past jobs or what??? ALSO thought of another questions in writing this...their decree says 50% of MEDICAL bills -not a word is mentioned on DENTAL bills...my hubby seems to think it's supposed to be included in MEDICAL but as a technicality-shouldn't this be stipulated?