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Can I get taken back to court?

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Running the Race posted 6/16/2014 15:31 PM

This question sometimes enters my mind. I thought I would explain my situation and see if anyone has had anything like this happen. Iíll be as brief as possible.
My EXW agreed to lower alimony and child support. As a result, I pay for all daycare, health ins, and just about everything else with the kids. Except when they are with her. She has to feed them. Iíve read that circumstances must have to change. The only change is that she has a better paying job now. But again, she did settle for much less and left me my house.
I pay all my child support and alimony a month in advance.
My question is, can my EXW decide she needs more money and take me back to court? If so, what would be her chances of success?
I just feel like life is a ticking time bomb and she can change her mind at anytime and come after me for more.


debbysbaby posted 6/16/2014 15:48 PM

If there's been a significant change in circumstances, she can take you back to court on the child support but if she is earning more money now that likely is going to hurt her and not help her.

If you guys are divorced then the alimony goes right along with the division of assets and that's done. She can't take you back on the alimony.

Edited to add that you can also go back to modify child-support automatically every three years in my state regardless of the circumstances and whether they've changed or not. It might actually be in your best interest to do so if she's earning more money that should make your child support less if you are in a state that uses the income shares model.

[This message edited by debbysbaby at 3:51 PM, June 16th (Monday)]

Dreamboat posted 6/16/2014 16:05 PM

often child care and health insurance is taken into consideration when calculating CS. Also, usually extracurricular expenses are split so if you are paying all of those then it may have an impact. If there as been a significant change in circumstances (I think most courts consider a 20% change in income to be significant, but I am sure it varies by jurisdiction) or at least 3 years has past, then CS can be reevaluated. In my state it is not automatic, one of the parents has to initiate the change.

I don't think SS can be changed.

Make sure you have detailed records of everything that you pay.

You may also want to look up a CS calculator for your state and see the standard calculation would be. But try not to worry because she would actually have to be proactive to get it changed. If she does, gather your documentation and get a L.

devistatedmom posted 6/16/2014 16:39 PM

If she did take you back, then you say you want childcare, etc split from that point forward also. I'm willing to bet even if she did get it raised because she originally agreed to a lesser amount than the guidelines, the fact that she all of a sudden would have to pay half the childcare, health ins and everything else would even it back out.

hoya96 posted 6/16/2014 22:57 PM

The short answer is yes, but whether she is successful or not depends a lot on the judge.

There needs to be "change of circumstances" but depending on the judge, that definition will vary. Ex took me back to court less than 2 years after our divorce - his change of circumstance? Marrying the OW. 😳

My lawyer didn't think the motion would even be entertained since he said usually that does not qualify. But my judge was new to the bench and let the hearing happen. 10 months and $15,000 in legal fees later, his motion to modify was settled.

(I agreed to some, but not all, his requests. He refused to budge on anything, so everything to had to go to the judge).

I know what you mean by ticking time bomb. I can't imagine I will make it until my youngest turns 18 without him taking me back to court.

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