Another question

[flynwa320]

BTW, I will have to say that most of the advice and explanations that I have received on this forum have been accurate and conferring with my attorney, which has saved me time and money so I appreciate it!

Illinois

I appears clear to me that my ex, when trying to get more child support money, is not using an attorney full time or not giving her attorney all the info. Examples: Telling me she wants to amendment child support up 700 per month starting on Jan 1, 2012 without filing a court order, based on my salary before I lost my job. Retroactive payments (I paid the court ordered amount) I got a raise/promortion 2 years ago, but in December my position was eliminated, so I took my old job back at the old salary. She never went to court to alter CS since our divorce 7 years ago, or asked for any records, etc. I gave them to her this year when she asked for the first time.

Anyway, her latest idea was to do CS based on each months paycheck in case I work any overtime. I am under the impression that I pay the "set" amount determined by the court or one we have agreed upon (which we are not). Problems I see with her idea is taxes go up if I make more and she would complain about that. The first month I can't get overtime, she will complain she didnt get enough. My overtime is not mandatory and irregular. Sounds like a can of worms to me. It also seems like she is doing everything she can to avoid legal bills, by going to court.

I am at the point where I feel a judge would probably either reduce my CS based on my lower salary or keep it the same, as I am going from 3 kids to 2 kids this summer. I have offered to keep it the same. Worst case scenario is to include "possible" overtime and I pay a couple hundred more per month. I feel like telling her if she feels she is entitled to more more, file an amendment and I will talk to a judge.

She nevere agreed with me when we were married, so why would I think she would now

[sanfranciscodad2012]

I'm new hear and live in California so can't comment much about your situation except the following.

1) She want's $700/month more?
2) Your job situation is worse than before?
3) Judges are now more sympathetic than ever before when it comes to people who are in a tough job situation.

If you spend $400 on an hour of attorney time to come up with a clear strategy, sounds like it would pay off pretty quickly? I think your attorney can draft up a letter to put her in her place or at least damper her insanity. Maybe threaten with a marked reduction in support so she freaks out a little and settles for something reasonable.

Good Luck!

[matt_]

In my state, the child support is adjusted every 3 years automatically for income changes. Otherwise, you have to go to court and plead your case if your income changes significantly. It seems unreasonable to me to have her looking at all your paychecks to see what amount you should pay each month. The court should be able to set a fixed amount based on what you are expected to earn.

[flynwa320]

Update: my attorney laughed and said no judge will order monthly CS reviews. CS is not retroactive and to tell her I am in compliance with my decree. If she wants to try to get more, she has to file an amendment. $$$ New wrinkle, Illinois "is close" to changing the formula to split CS where everyone's income is counted. HELL YEAH! I get the kids 1/2 the month almost anyway (which is awesome) and now her income will count. "Bout Time".

[Anything4Her]

It sounds like you may need to string her along a bit to run out the clock until the new Illinois law takes effect. Then file for a modification yourself.

[beenthere]

I'm Illinois and try to keep up with pending and passed legislation. I know of no bills in either the Senate or the House having to do with allocating child support any differently than the statute states in the guidelines. Don't bank on that law getting changed even in 2012.

The laws in Illinois are clear--child support can only be modified from the date of filing for a modification--not before. So, unless and until NJ files to modify child support, it stands at whatever the order is. Note, when your status changes from 3 children to 2 children, you will have to file to modify to get support lowered. I suggest filing 2 months in advance so that when the 3rd child drops off of the support calculation, you have an order in hand. Otherwise, you will pay at the rate for 3 kids until the order is modified.

I've read multitudes of Illinois appeals and I have never seen a child support order that requires a review more often than every 2 years.

[beenthere]

I am at the point where I feel a judge would probably either reduce my CS based on my lower salary or keep it the same, as I am going from 3 kids to 2 kids this summer. I have offered to keep it the same.

I would suggest getting the order for child support as low as possible. You can always elect to give her more money if you want to do that.

In Illinois, the statutory guidelines are: the supporting parent pays 32% of net income for 3 kids and 28% for 2 kids. If your net is $40K, that is a difference of $1600 a year. That'd go a long way to take a pretty sweet vacation with the kidlets--unless, of course, you'd rather pay for the NJ manicures. just sayin...

[flynwa320]

I'm Illinois and try to keep up with pending and passed legislation. I know of no bills in either the Senate or the House having to do with allocating child support any differently than the statute states in the guidelines. Don't bank on that law getting changed even in 2012.

The laws in Illinois are clear--child support can only be modified from the date of filing for a modification--not before. So, unless and until NJ files to modify child support, it stands at whatever the order is. Note, when your status changes from 3 children to 2 children, you will have to file to modify to get support lowered. I suggest filing 2 months in advance so that when the 3rd child drops off of the support calculation, you have an order in hand. Otherwise, you will pay at the rate for 3 kids until the order is modified.

I've read multitudes of Illinois appeals and I have never seen a child support order that requires a review more often than every 2 years.

News - Highland News Leader Friday, Dec. 30, 2011 Friday, Dec. 30, 2011 90 Comments mi.commenting.displayCommentCount(); Illinois may alter child support formula By BILL RUTHHART - Chicago Tribune By BILL RUTHHART var addthis_title = document.title.replace(/\'/g,'\\\'').replace(/"/g,"\""); var addthis_url = location.href+'?storylink=addthis'; E-Mail Print Text Size: tool name close tool goes here CHICAGO -- State officials for the first time in decades are pushing a major overhaul of a system that touches one of the most volatile of all family issues: how child support is calculated. The move aims at making the process fairer by considering both parents' income and time spent with the child, but some advocates already are arguing to change - or scrap - the new proposal, which won't be finalized until next spring. If Illinois switches the calculation, it would join 38 other states that already have adopted versions of what's known as the "income shares" formula. if(miyahoo.ads[mi_live_or_preview].dart.enabled){ _krdDartInc++; document.write('

[beenthere]

As the article states, this is still just an "idea". It isn't a bill. It isn't being considered in our legislature.

Yes, on 5/19/2008, the Family Law Study Committee was appointed to study and "work" on the entire IMDMA. (IMDMA--Illinois Marriage and Dissolution of Marriage Act).

That committee is studying every facet of the IMDMA and then they will put everything together into some kind of recommendation to give to the Special Supreme Court Committee on Child Custody Issues. The Supreme Court committee will make amendments and suggestions and send it back to the Family Law committee. And so on and so on.

IMHO, that process alone is still years away from completion.

When, or maybe I say "IF" those 2 committees come up with a final draft, THEN, someone will have to draft a bill and it will have to go through the Senate and the House and then to the Governor before it would become a Public Act. It could easily be a year or years AFTER a bill is drafted before it is passed. IF it gets passed in the same year that it is filed. It's more than likely it will be argued in several assemblies before it gets passed. IF it gets passed.

And who knows what will be left of the original bill when our legislators get done "amending" it.

Further down in the article, it states that even if a bill could be drafted and passed in 2012, it won't take effect for another couple of years. (I find that statement to be HIGHLY optimistic...)

There is all ready a lot of opposition to changing our current, archaic system of allocating child support because it would be so expensive to upgrade computers and software required to implement a new system. And your article further states

For parents in the current system, it's unlikely their payments would be re-calculated under the new formula — unless a parent could show the model or other circumstances would lead to a significant adjustment in payments that would warrant review by a judge, Lowery said.

So, hang on to that hope you have that a bill like this is going to help you out -- and keep hanging on for at least several more years. THEN, MAYBE, you can hire an attorney and spend a few grand or more to try to get your support lowered.

Good luck with this.

[dobradavid]

The change will be for new cases - not existing ones.

In my state, the child support is adjusted every 3 years automatically for income changes. Otherwise, you have to go to court and plead your case if your income changes significantly. It seems unreasonable to me to have her looking at all your paychecks to see what amount you should pay each month. The court should be able to set a fixed amount based on what you are expected to earn.