How often can cs be reviewed?

[ziphash]

What is the name of your state? Ohio

My ex wife & her husband had a baby in July. She told me today that she and her husband are divorcing. Because her husband is leaving her without his income, she has decided that she will take me back to court for more child support. She did say, though, that she would be willing to leave the child support alone as long as I agree to do all the transportation instead of the court ordered 50/50 transportation. She and my son live in AL (1,000 miles away.)

My question is how often can she take me back to court to get child support changed? The child support was reviewed and a new order was to be in effect Jan. 2001. The ex appealed it and it went to court in July 2001. The new order has been in effect for one year now.

If the cs can be changed now, I would rather agree to doing all the transportation. However, that was always my bargaining tool in the past. I would do all the transportation for longer periods of visitation with my son. If I agree to do it all the time, I will lose that extra time with my son.

I would really appreciate it if someone can help me out.

 

[Whyte Noise]

The only way to get CS modified is if there has been a substantial change in circumstances. Either YOUR income goes up, or down.... or HER income goes up, or down. Usually it has to differ by 15% or more to be considered a "substantial change". Her divorcing and not having her husband to be her wallet anymore doesn't have a thing to do with her income. Especially if it was figured on her making $0 anyways. As long as there hasn't been an income change for the two of you, she's barking up the wrong tree.

 

[ziphash]

Thanks. I was pretty sure that's how it was, but the ex said she'd talked to legal aid and was getting everything ready to file.

When the cs was modified last year, I had just started a new job the month before. The magistrate knew about my new job and that I was making a little more money than the old job, but I believe that he still based the cs on the old job. Of course, now I'm driving 40 miles to work instead of 5 miles. So that extra income really just goes right back into gas.

Anyhow, if anyone's had a change of income, it's been the ex. She gets social security for being nuts. She also gets a check for our son. Now that she's had this baby in July, she should be getting a check for her, too. My ex makes very close to the same amount in social security that my wife and I make working in a month. And we have three children at home.

 

[MindyT]

Sounds like blackmail to me!! I think the judge would be smart enough to see that especially if she gives him or her the same reasoning she gave you. Why doesn't she beg the HUSBAND for more support? He has a child with her, too. Good luck, you seem to be a good man. Keep us updated.

 

[MindyT]

Something to add, my husband deals with a woman like that--she's never supported herself, it's always the state and my husband's money and her mama supporting her--she gets SSI, AFDC, TANF, food stamps, ANYthing that exists out there. Women like those will never work to support themselves, as long as there are other means. It sucks, but you may as well get used to it. I can't believe judges haven't started putting their foot down about women (and men, too!) that do this. I'm glad that I have more respect for myself than to beg others for money--I'd be embarrassed!! Please let us know what happens!

 

[ziphash]

My wife called the CSEA & talked to my caseworker. She told him what was going on with my ex. He told my wife that the increase in my income had to be at least 30% to have the cs modified in less than 3 yrs and getting divorced from her husband doesn't matter..

Unfortunately, I have a problem. In 4/00, I began working at the lower paying job. I was told by CSEA that I couldn't get a reduction in cs until I'd had the pay cut for 6 mos. I waited & filed when the time was up. The reduction was to be started in 1/01. The ex appealed it. It didn't go to court until 7/01. By that time, I'd had the reduced pay for over a year & hadn't been able to make ends meet. That's when we started using credit cards to pay bills & just put food on the table. At the hearing, I told the magistrate that I'd gotten a new job the month before that paid me more than the other one. He set the cs at a higher amount than CSEA had suggested but lower than what it had been. I just assumed that he had used the new job as the basis of his decision since he did have all the info. The caseworker told my wife yesterday that the old income was used.

This means that the ex could try to get more cs not because she is getting divorced but because the magistrate didn't use my new income last year. However, because of all the credit card bills we ran up just trying to survive, I will never be able to pay more cs without filing bankruptcy which is something I don't want to have to do.

I guess the only alternative I have is to go along with what the ex wants concerning transportation. My wife typed up an agreement to be signed by my ex and me and notarized. The thing is I know that it wouldn't actually hold up in court. The cs caseworker said that if we do have that agreement and the ex still tries to modify support, the magistrate may keep the support as it is and just change the transportation to what we are agreeing on now.

I do have two more question, though. My son is in preschool. My ex says her parents pay $200 a month for him to go. I asked my ex if I could get my son for a month. She said that's fine, but I have to pay the $200 to keep him enrolled in preschool for that month or he would be replaced by another child. I know that that happens with daycare, but I thought with preschool it wasn't like that. Does anyone know? The thing is, I can't afford to do 100% of the transportation plus pay $200 for him not to be in school.

The second question is about Medicaid. I am responsible for having health ins. for my son. My ex has to pay the first $100 every yr of what the ins. co. doesn't pay. I have to pay any amount over that. The ins. I have does cover dr. visits, prescriptions, etc in AL. However, the ex will not take my son to a dr. or pharmacy covered by my ins. Now, she applied for Medicaid for both her daughter & my son. Am I going to be responsible for repaying Medicaid for benefits received even though my son is already insured?

 

[stealth2]

preschool is the same as daycare. If he's not there and tuition's not paid - he's out. We did have a preschool in CA that allowed us one week vacation tuition-free. But that's it. So, yeah, I do think it's fair that you pay for it if he's with you instead of attending.