Joint custody and child support?
Hi,
I have been divorced over a year. My ex and I have joint physical and legal custody of our 2 children. At time of court hearings, the judge wouldn't sign the divorce agreement because there was no child support. We both had agreed we didn't need it. Anyways, the judge made us and we decided on $150/wk. Judge was very reluctant to ok it because my ex-husband makes 3x more than I do.
Things have been extremely tough for me trying to keep up with bills, home, etc. And my ex just bought a boat, takes the kids on carribean trips, etc. Is there anyway I can go back to court for them to re-look at the child support and try to get a little more? Im not looking to put him in the poor house either….
For Cassius- bills as in kids dental bills,doctor visits, prescriptions. Not one penny is EVER used on myself or any of my own personal bills
First, try to settle it among yourselves. If you and your ex can renegotiate an amount, you can sign a document in front of a notary that will stand up in any court, or have an attorney draw up an ammendment and get that notorized.
If that does not work, then yes, you can petition the court for a re-evaluation of child support. You do not need an attorney to do this, the clerk of courts can provide you with the forms. Alternatively you can ask the local legal aid society to help you out. Make sure you have a solid number in mind, that it is reasonable, and add a provision for the amount to be increased by the cost of living index increase every year, This will help you with increased expenses.
It sounds like you and your ex are amicable regarding this matter, it is far better in the eyes of the court if you can work it out, but do not hesitate to ask for releif from the courts if you cannot reach an agreement.
GOOD LUCK!
April 1st, 2008 at 12:47 pm
so you agreed that you didn't need child support and now you want it? $150 a wk isn't too bad, bit low but not like you are screwed.
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April 1st, 2008 at 12:47 pm
UNLESS there is a dramitic change in circumstances, ie job loss, promotion, ect you have no grounds to take him back to court.
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April 1st, 2008 at 12:48 pm
You can have them look at child support every 6 months.
And don't worry about him going to the poor house, he will have to make adjustments, but they have to leave him enough to survive.
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April 1st, 2008 at 12:48 pm
usually you can have child support reviewed and they can decide if you can have an increase. i think chances are that you would be able to increase it since they wanted you to get more than that anyways.
find a lawyer to advise you. at least get an hour consult about your situation to figure out how to proceed!
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April 1st, 2008 at 12:48 pm
Yes, of course. Talk to a women's center in your area, to help get you a lawyer who can help you without socking it to you on fees.
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April 1st, 2008 at 12:49 pm
I wouldn't, sounds like jealous reasons.
NOW if you can't feed the children that is a different issue BUT if you just can't purchase a boat to "keep up" than let it go!
Also by "joint custody" does that mean the kids stay with him 50% of the time and with you 50% of the time? If YES another reason to NOT try for more money. BUT if the kids are with you over 50% of the time and the older they get the more expensive they are then YES why not just ask him for a little more????? He might supprise you and just increase it to $250/week!
Be careful because if you piss him off maybe he will go for full custody because you can't budget your income?????
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April 1st, 2008 at 12:49 pm
First talk to the Ex. Then, talk to the family court. If he doesn't voluntarily help, they will impose a judgement.
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April 1st, 2008 at 12:51 pm
First, try to settle it among yourselves. If you and your ex can renegotiate an amount, you can sign a document in front of a notary that will stand up in any court, or have an attorney draw up an ammendment and get that notorized.
If that does not work, then yes, you can petition the court for a re-evaluation of child support. You do not need an attorney to do this, the clerk of courts can provide you with the forms. Alternatively you can ask the local legal aid society to help you out. Make sure you have a solid number in mind, that it is reasonable, and add a provision for the amount to be increased by the cost of living index increase every year, This will help you with increased expenses.
It sounds like you and your ex are amicable regarding this matter, it is far better in the eyes of the court if you can work it out, but do not hesitate to ask for releif from the courts if you cannot reach an agreement.
GOOD LUCK!
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April 1st, 2008 at 12:53 pm
He is spending money on the children, so whats your problem ? You want the child support to pay your own bills ? Get a job.
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April 1st, 2008 at 12:54 pm
Since you have joint legal and physical custody of the kids, consider yourself lucky that you get any support at all. Where I live, if you have joint custody, neither parent pays support since they are both legally and financially responsible for the kids. But yes, you can have the support reviewed, simply call the Clerk of Court.
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April 1st, 2008 at 12:55 pm
You can always go back and state that the economy inflation of gas and housing is causing a strain and you need to up it.
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April 1st, 2008 at 1:11 pm
Is your ex paying you the 150wk? If he's not paying you can take him back to court. And I'm almost postive that could take him back if your all of sudden having trouble with paying bills, bc he does make much more than you. You need his help to pay for things your children need. its not like you want them to buy a boat, so i dont see why a judge wouldnt have him pay more.
But like someone said before me ask him if he could help you out with more than just taking the kids on expensive vactions, if hes a nice guy and cares about his kids he could do it, if he says he cant take get a lawyer and take him back to court.
Hope everything works out
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April 1st, 2008 at 2:07 pm
Hi Irishgirl…I was once in a similar postiion as you are now…however I live in NZ so the rulings here maybe different…however I would try and go back to court with this. I am sure the judge will see change of circumstances and take this into consideration…the hard thing here for you I feel is that you now feel you are going back on your word to your ex husband
I wish you all the best hon
Many Blessings
http://www.spiritualdirections.co.nz
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