CS review question
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i was wondering if anyone had experince getting CS raised from the NCP? my fiance and his ex wife were divorced a few yrs ago and they decided on the CS amount. but its way too low and nowhere near what she should be paying for SS given her income and his. i thought that CS was supposed to be reviewed every 3 yrs and can u ask for a review? is it even possible since they agreed on the amount? i would think so, bc fiance and the other BM agreed on what he would be paying and that just doubled! do u have to go to court to have this done? any experience?
You don't have to go to
You don't have to go to court as long as both parties agree. However, its unlikely that the bm is going to change her mind and agree to pay more. Most states have provisions for reviewing the CS situation every few years. If there has been any significant change in circumstance it can be reviewed as well. You can always ask her, and see if she will agree to a higher amount. If not, I would suggest getting the courts to review the case.
there hasnt been a review since it was ordered
i also saw something that said if theres no response w/in so many days it automatically goes into effect. she wont get her shit together w/in that amount of time to answer and she doesnt have a lawyer. she prob wouldnt even show up for court. hes calling the CSE office now. just wondered what our chances were. thanks!
A lot depends on how it was
A lot depends on how it was set up originally. If you go through the Division of Child Support Enforcement, then they become the "custodians," so to speak, of the arrangement. You can go to them to seek an increase, decrease, whatever and they can act on it.
If the CS was ordered as part of a divorce, though, then the local court may be the "custodians." Meaning, you would have to petition the court for a modification, rather than requesting one of CSE.
Typically, you have to show that there has been a significant change in circumstances to warrant a change. The paying parent maybe is making substantially more money, the receiving parent maybe got laid off and had to take a lower-paying job, the child's expenses have risen significantly since the original order was entered. Something like that. Children get more expensive as they get older, especially considering inflation. Everything costs more today than it did a year ago, let alone five or ten years ago.
If you went through the courts orignially to get CS, then you'll have to go back to them to seek a modification in the CS amount. Likewise, if you originally went through CSE, then you can go back to them. Every state is different, but I don't think a review is automatic. You may be entitled to a review, but I don't think it happens unless you request it.
♥ Georgia ♥
"Good men don't just happen. They have to be created by us women." (from ROSEANNE)