Child Support Modification


#1

If her income has changed then he should be able to have the support motified. As for the clothing situation here is what has worked for me for the past eight years. My son goes to his fathers every other Friday from school, when his father returns him on Sunday evening he has the clothes that my son was wearing in a bag for me. When my son takes off the clothes in was wearing Sunday evening then I put them in a bag and return them to his father on Wednesday when in brings my son home. (He has visition on Wednesday afternoons) When my son was in daycare I would send a bag with him that had a change of clothes for his father to put on him before he brought him home. This worked great while he was in daycare but since he’s been in school we haven’t had any trouble with ex-changing clothes.
This way if I buy something for my son I know he will have it at my house. The same goes for his father. If he needs something and I can not afford it at the time then his father will pitch in and buy it for him.


#2

He thinks that we should wait for several months to see if she keeps this job. The only other job she has had outside of her mother’s business lasted for not quite three months.
The clothes, it’s a battle all the time. It shouldn’t be this difficult, I know. She told them that the clothes she bought them were not theirs, they were hers since she paid for them and that if she didn’t want them wearing them to their Father’s house that they wouldn’t. She even went by the sitter’s for a while and had them change into other clothes when they were coming to our house. We have sent them to school on one of her days wearing a new shirt or jeans and have yet to EVER see those clothes again.
The schedule that we have them has changed with this new job also and while it’s more even it’s difficult to keep up with. We have them this week, Monday & Thursday-Sunday. Next week it is Tuesday & Wednesday. Before the change we had them every Mon & Thurs and every other weekend. Very confusing for us and for the kids, but everything still seems to revolve around her.
I was just wondering if there was a time frame to wait to file child support modifications since it hasn’t even been a year and if the new clothing agreement could be included into that? Or if it’s considered part of the custody since it was separate from child support in the order. Would we then have to file for modification of child custody just for the clothing agreement? Their order was for ED, child custody and child support all rolled into one order.


#3

My husband’s ex recently got a new job and is making quite a bit more than she was previously. She was working for her mother and only turning in 20 hours at $7.50/hr. Now she is working at another place and is making a little over $10/hr and is working around 48 hours a week. This makes the child support calculator grossly off balance. They share joint physical and legal custody with 50/50 time and he is paying $500 per month in child support to the state each month to NC DSS. He also provides insurance for the children which she hasn’t used since she had them on Medicaid. (that may stop with this new job but we’ll see). They had a separate clause in the order for clothing purchased by her he was to reimburse her for 1/2 or up to $250 per child twice a year (spring & fall). The first time clothing was purchased was a mess and the children were miserable for two months. They still will not wear any of the clothes their mother buys them to our house. And I admit I have kept some of the good clothes we have bought them hidden so that they will not wear them over to her house. We will never see them again and we will get junk clothes in return. They talked it over and agreed that they would each spend $500 for school clothes and then just let the kids wear whatever. We took them shopping and spent close to $600 and had them clothed top to bottom. They each got 8 shirts(3 short sleeve and 5 long sleeve), 5 pairs of jeans, 10 pairs of socks & underwear, shoes, 2 belts, and gym clothes for the oldest who has phys ed this year. Now you would think that this along with the clothes that they already had would be enough to get them through at least a week. Turns out, their mother didn’t buy them very many clothes at all and only spent around $150. A couple pairs of jeans for one, 3 shirts total, one pair of gym shorts (which I still believe belonged to her boyfriend due to sizing), pajamas, and shoes for both. She basically finds any way she can to get more money out of my husband, because everything with her is about money. She thinks that we’re too stupid to know what she’s doing and we let her think that.
Their order was signed in January of this year (2006). I know that DSS re-evaluates child support a minimum of every 3 years but assuming that she keeps this job…which is questionable…1)Would that be enough of a change in circumstances to file a modification of child support? 2)If it is enough of a change, how long would this change have to have been in effect for him to file for modification? 3)And what happens if he files for this and then she quits the job? 5)Would the judge then see that she is voluntarily under-employing herself so that child support will not be reduced 5) If he did file for modification to have his monthly child support reduced then would the clothing fall under child support or custody?
It really bothers me that the only important thing to her is the money. Thanks for any comments.