child support increase

[gejewels]

What is the name of your state? Illinois

Recently, my husband's ex-wife took him back to court for an increase in child support. We were just about to sign an agreed upon order raising his child support $100 a week. She has decided to request an additional $10k. In his decree it stated that he was to pay his weekly child support along with an additional percentage of overtime if he worked it. Instead of paying only when he worked overtime, we paid an additional amount weekly in excess of 2 years. We also agreed to help with daycare, sports physicals, and sports fees. This all totals an excess of $10k. Now we are being told it doesn't matter, the judge will consider all of this a gift. Can that happen? Quite frankly, if we are asked to pay much more, he will not be able to see his kids because he'll have to work all the time to pay her. Does anyone take any of this into consideration?

 

[LdiJ]

What is the name of your state? Illinois

Recently, my husband's ex-wife took him back to court for an increase in child support. We were just about to sign an agreed upon order raising his child support $100 a week. She has decided to request an additional $10k. In his decree it stated that he was to pay his weekly child support along with an additional percentage of overtime if he worked it. Instead of paying only when he worked overtime, we paid an additional amount weekly in excess of 2 years. We also agreed to help with daycare, sports physicals, and sports fees. This all totals an excess of $10k. Now we are being told it doesn't matter, the judge will consider all of this a gift. Can that happen? Quite frankly, if we are asked to pay much more, he will not be able to see his kids because he'll have to work all the time to pay her. Does anyone take any of this into consideration?

I am a little confused about the 10K. Is she asking for this as arrearages, (back support that wasn't paid) or as something else?

Generally, a parent paying child support is also required to pay half of daycare costs as well (unless the calculation builds daycare costs into the actual child support order) so he was probably obligated to pay that anyway. I agree that the sports expenses would definitely be considered a gift.

If the additional amount that you paid weekly, instead of just paying when he worked overtime, equalled out over a years time into the amount that should have been paid for his overtime work, then you can probably make the argument that you simply evened it out instead of paying it sporadically. However if it didn't equal out, there may be some arrearages due.

 

[gejewels]

The 10k is supposedly arrearages for overtime not regular child support. His divorce decree does not require him to pay one half of day care expenses. These were figured into child support and also given to her in the 80/20 split for the proceeds of the sale of their home.

 

[LdiJ]

The 10k is supposedly arrearages for overtime not regular child support. His divorce decree does not require him to pay one half of day care expenses. These were figured into child support and also given to her in the 80/20 split for the proceeds of the sale of their home.

Well...technically a property settlement and ongoing child support and expenses would be viewed as separate items.

However if daycare was built into the child support figure then why did he pay again? If he did, that would be considered a gift. Just like the sports expenses.

All you can do is figure out if the 10K is accurate for the amount of overtime he worked, and then try to argue that the extra you paid weekly was at least part of the amount due on the overtime.