Child support modification

[froggygirl2004]

What is the name of your state?GA
My son was born in 1993. His father and I were never married but in 1996 we had papers drawn up that specified child support, visitation, etc.

I recently discovered that the Department of Children's services would act on my behalf to try to get my child support increased. Since the original papers, he had increased my chid support $100.

In filling out the paperwork for Children's services I was instructed to put the amount of child support being paid to what was on the original order. They said, "Anything over that he is giving out of the kindness of his heart."

We go to court at the end of the month and he is being ordered to pay about $50 more a week.

I told all this to the Dept. but am still worried that he may have an attorney and is going to try to get me for contempt of court or something. Does anybody out there know anything about this or can let me know what I am facing?

During all this he has constantly said he would not pay more support and would make my life miserable but since I've received my papers I have heard nothing from him and that worries me.

He knows I cannot afford a lawyer and I am sure that he has got one.
Help and thanks!
Kira

 

[stepmom65]

**My son was born in 1993. His father and I were never married but in 1996 we had papers drawn up that specified child support, visitation, etc.**

Does everyone have out of wedlock babies these days, or am I just old-fashioned.?? Whatever happened to family planning and waiting until one can afford to raise a child...

 

[stealth2]

You're an old fogey, stepmom. (So am I.)

OP - what would he be filing contempt for?

 

[froggygirl2004]

Stepmom65 Accidents happen and in my case I'm glad it did.

Stealth2 I am worried, because on the forms I had to fill out, they asked how much child support I am receiving and I put $303.33 per month which is what our original order stated instead of the $400 that we came to an agreement on 3 or 4 yrs. later.

 

[stealth2]

That's not contempt.

 

[froggygirl2004]

Giving false information then. I've called the Department of Children's services but they don't seem worried but sometimes they don't sound like they know too much or are overwhelmed. Just wanted to know what to expect.

 

[stepmom65]

There sure alot of "accidents" happening out there....

 

[froggygirl2004]

There sure alot of "accidents" happening out there....

Unlike your husbands ex, I have my son 75% of the time and up until the past year when my son's father got married and my son started enjoying spending time with his stepmother, I had him 98% of the time. He will tell me and his daddy if anything happens to his stepmother then things will go back to the way they were.

I also work a full time job and will be starting school next week to try and better myself.

So please stop being so bitter and sarcastic towards me. All I wanted was some advice on my topic - Child support modification and what to expect in court.

 

[Gracie3787]

Stepmom65 Accidents happen and in my case I'm glad it did.

Stealth2 I am worried, because on the forms I had to fill out, they asked how much child support I am receiving and I put $303.33 per month which is what our original order stated instead of the $400 that we came to an agreement on 3 or 4 yrs. later.

First, I want to make it perfectly clear that even if you had put down the wrong amount on purpose, nothing what happen to you. In your case, I don't think that you did anything wrong, you simply followed what they (the CS people) told you.

However, the next time that you fill out papers, really read the wording of the question- for example- if you are asked how much CS is ordered to be paid the correct answer would be the amount on the court order (the amount that you listed). If you are asked what is the amount ofCS you recieve the correct answer would be the amount you agreed on if he had been paying it. On both questions, you can make notations, such as Order sates x amount, 2 yrs later we agreed on x amount. This way you are covering all the bases.

Unfortunately, the CS people were correct, both they and usually the courts look at payments made above the ordered amount to be "gifts". It is then up to the CP as to whether or not they view them as gifts or not (I will not state my personal opinion on that).

Stop worrying and enjoy you kids, and good luck to you.
Gracie

 

[froggygirl2004]

Thank you Gracie! Sometimes a little reassuring goes along way.

Thanks, too, on the advice on filling out the paperwork. When they handed it to me I thought it was a book there was so much of it and everytime I turned one "book" in there came another.

I will be so glad when this is over so I can really stop worrying about it. At least now I feel better about the court part of it.