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We got the decision back from GA child support enforcement (DCSS) today. Not in our favor. Basically, they say that having a new baby is not considered a significant change in circumstances because it was not beyond his control. As his income also has not changed, he does not qualify for a modification. If he still feels he should be granted a modification, he will have to go back to court.
So, I was driving home from dropping off our rent payment and thinking how our bank acct. is now empty, then my gas light came on to let me know my tank is empty. It all just seems to be a reflection of how I'm feeling inside right now.
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Unfortunately, most states
Unfortunately, most states don't care if you have an extra kid, 7 extra kids, or no extra kids. This is a common problem here. Biodads are not allowed to move on with their lives or start another family. They are forever indebted to the precious First Family. Changing custody arrangements, losing a job, or serious injury seem to be the only ways to get CS reduced. I'm sure there are others, but reading the blogs around here, these seem to be the most common.
I'm sorry I have no advice. I truly hope things get better for you.
I am sorry things are feeling
I am sorry things are feeling bad for you
HUGS! Try and hang in there, I'm praying for you.
I'm so sorry, hugs to
I'm so sorry, hugs to you.
Okay, if you guys do manage to go back to court, see if you can calculate the amount of CS that should be allocated to your child if you were not married. Then present it as a monthly payment to you, as the mother (marriage does not absolve CS obligation.) It SHOULD be modified because now he has two support payments instead of one (both of which are legal obligations) and one does not take precedence over the other, therefore it counts as a change in circumstance. Does GA require it to be an unforeseen change in circumstance?
I think it would count in
I think it would count in court since they came out and said we could take the matter back to court. But for DCSS to take the case, it has to be a significant change in circumstances (meaning it would alter the CS ammt up or down 15% or more) and beyond his control. Their logic seems to be that he didn't have to move on with his life (i.e. start another family), therefore he does not qualify.
I hope the Karma train stops by here soon. We deserve for something to go our way soon.
It depends on your state
It depends on your state and/or judge as it is not impossible to do so. In this case I think they went by textbook definition of 'beyond his control' and '15%'.
Not that i'm a law student or have any degree in law, but a friend of mine is... Well versed in law, and I had posed a similar question to him.
If you look at it this way--two CS obligations, both court mandated (meaning if he does not pay both in the amount he should, then he goes to jail or is fined) he only has enough to pay one (and is barely making it) does that mean that he should go to jail and not pay either? It's tricky with the law how you play it, instead of saying 'please reduce CS' give the courts a self derived formula of how much you CAN pay for both, and let the judge take it from there. (say you used to pay 600, now with a new baby, you can only pay 420 because your listed monthly expenses for the baby is now 180. make sure you let them know if you don't get this reduction, you will be in debt and in negative territory and won't be able to pay either.) A lot of times they don't want to have to order you to go put together financials because it wastes their time so they just mold the wording of the law to fit their convenience.
However, he said it would be prudent to show them you are doing everything you can to try and save money and it is still not enough. Money is not infinite, there is only so much you can allocate.
Of course, this same friend laughed said I could always divorce and take him for alimony and CS on paper so that would qualify as a change in circumstances (and would be out of his control) and go back to dating the guy. I'd take way more than BM in that case and it's likely it would force his CS to be reduced. Not that I condone such a thing but it is played in the confines of the law. There is no common law marriage in my city/state so whether or not he lived with me, the point would be moot.