Consent order overriding child support guidelines?


#1

The judge’s consent order provisions for calculating child support were written by my ex-spouse. She is a bit controlling. She made up her own rules. Every May we must exchange tax returns. Child support is calculated based on the last year’s 1040 income and runs from the following June through the next May.

Do these provisions override the provisions of the official guidelines? My understanding is that a 15% change potential in the amount can trigger a recalculation, after the initial 3 years elapse.

I wish we had just followed the standard guidelines but my ex-wife insisted on writing her own rules.


#2

If you sign it, you agree to it. Generally speaking, a large part of why the guidelines limit what qualifies as grounds to alter child support is so that the courts aren’t constantly overwhelmed by requests to alter. So, if you haven’t signed it and you don’t agree, then bring it to the judge’s attention that it is against the established norm. If you’ve already signed it, since she has had it written in to be altered every year, you may be able to file to get it changed at that time. Not sure. Good luck.


#3

You can file a motion to modify and see where it goes.