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What is considered a major change when it comes to CS?

Pinki3663's picture
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In SO's state the percentage for one child is 25% based on net pay. SO had talked with a lawyer about a year or so before the actual CS was effective, thinking he was doing the right thing supporting his daughter. That amount was much lower than the current ordered amount. In hindsight SO feels that his lawyer screwed him over. Many of the things I heard her say were very unprofessional and she really did seem to have it out for him. She indicated on numerous occasions that the case "wasn't as easy as she thought it was going to be" and even tried to persuade him to just "give up" on certain items just to be done with it.

After going over the CS and using the online calculator I honestly believe she inputted his gross amount instead of net pay this hikes it up about $25 a week over what he was paying before based on what the first lawyer figured it at.

Another issue is last year he made $3000 less than what they used to calculate the amount. His pay hasn't changed but his hours fluctuate and he is not guaranteed 40 hours. He does not receive yearly raises and hasn't had a raise in 3 years.

When the CS began he had a tight budget, extremely tight! Now taxes that are taken from his check have increased and he is at wits end.

My question is, What is considered a change in circumstance? Would making $3000 less for the year be enough? I know this is a drop in the bucket for some but he pays an incredible amount in CS for one child.

What about the extra $25 a week that we believe he is paying over? Does anyone know where he would even begin and what this all entails?

amber3902's picture

Change in circumstances means a 20% change in income.
I'd get a free consultation with an family law attorney to see what options he has.

simifan's picture

DH worked OT when I was pregnant to prepare for when I would be out without pay for 6 weeks. BM got wind of it & filed a modification. They granted it with the $10,000.00 extra OT being included the calculations despite a letter from his employer stating OT was atypical & would end on XX date when the new hire would start. No to mention($0.00) taken into account for BS.

We waited a over a year, took to W2 to prove his income was $10,000.00 less & the judge stated - I kid you not - "We'll you seem to be making the payments so far, I see no need to change things."

This was the day I truly lost faith in the system.