I think my ex is making more money than when we got divorced, but I was hesitant to bring him back to court to try and get more child support in case I was wrong. I can’t afford to be wrong but at the same time I got back to work and I’m having a hard time making ends meet with the child care expenses. I asked him to pay half but he said no.
Is there a way for me to find out his current income without risking legal fees if I am wrong?
It’s your lucky day. It doesn’t matter if he’s making more money right now because the child support guidelines have just undergone a major overhaul. One of the biggest changes has been the way child care costs are shared. Previously, this was only a nominal amount of childcare and health insurance costs that were shared – something arbitrary like 15%. The new guidelines are set so that childcare and health insurance are shared in proportion to your respective income. This change alone will result in higher child support payments for you.
Another fairly significant change is that previously the first $ 250,000 of combined income was used to calculate child support. Now the first $ 400,000 of combined income is used to do the math. Judges still had the discretion to order additional support if the income was over $ 250,000, but not all did.
Of course, this can have a negative impact on the support payments people receive for amounts over $ 250,000. A lot of people structured their agreements so that the first $ 250,000 of income was used for child support and anything above that was for the calculation of child support. However, it is permissible to calculate child support first and then child support. If this were to occur, any support payments made should be deducted from the income of the highest income before being included in the child support guidelines and any support received should be added to the recipient’s income for the purposes of the child support. calculation of child support.
The new child support worksheets are much more difficult than the previous forms. They are four pages long and there is no self-calculation form yet. But, the guidelines are only a few weeks old and don’t go into effect until October 4, giving someone plenty of time to update apps before they’re effective.
Don’t wait until October 4th. File your change complaint now by seeking increased support. Once you have a summons, serve your ex with a request for their updated financial statement. This way, you can file a petition for increased support and be heard soon after the new guidelines come into effect. But, just in case you don’t get heard right away, be sure to ask that any increase be retroactive to the date you serve the summons to them.
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