My DH recently went to court over CS. Long story short, an amount was set by the judge that we did not agree with. Our attorney told us not to stress about it because in the fall, we would be returning to court to file for a modification due to our child being born.
I did some research, and read the guidelines for the state of NC, and it clearly states that the birth of another child is not in and of itself, a sufficient change in circumstances to request a modification. I also just found out that our attorney had also told my DH that we would need a new attorney in the fall when we file for the modification. I have a feeling that this is because he is aware that it is not possible for us to file for a modification, despite the fact that he originally assured us we could.
My DH intends to return to mediation with his ex to ask for increased visitation in the next month or so. I did the math and if he is able to get the extra time he plans on asking for, he will have over the 123 nights required by NC to have CS calculated by worksheet B. It was calculated using worksheet A previously.
DH and I were not shown the worksheet used to determine the CS, but from my calculations, I am under the impression that the amount we pay for health insurance was not included, even though my DH’s ex included her child care costs. The worksheet used by the judge was created by his ex’s attorney.
Also, I have applied for a subsidy for my DH’s daughter’s childcare costs through my employer. If approved, they will pay the childcare a portion of the costs directly, this will decrease his ex’s childcare costs.
So my question is, based on the above, the possible increase in visitation, the health insurance premium, the decreased childcare costs and the new child, can DH file for a CS modification in the fall, even though they just had the CS determined in court just a few months ago? If DH does not get the change in visitation, but the other three occur, can he file for a modification?