The parent with custody, in your case the mother, has the right to file for recalculation every 3 years or sooner if conditions have changed/circumstances have been met and the amount would increase by 15% or more. You should run the calculator on this site and see what the amount would be. remember - technically this is $$ for you child(children) not for your ex!
I have calculated out the worksheet and found there will be a substantial decrease in support since one child is of age and graduated.Also when the order was last modified,child support agency only acconted for one other child I am responsible for(in my current marriage), we have two together. Would I be wise to make a motion myself or is this a situation better handled with an attorney?
we filed a motion in a similar situation, got a court date, and then asked our attny - he said it should be a “fairly straight forward recalculation but if we wanted him there…”. It’s up to you.
Mal,thanks for your reply. I am a little worried about the financial information the custodial parent will provide,or not. Did your case go fairly smoothly? What is the usual cost for filing a motion like this? Is it cost of court?
Thanks so much for your insight and advice!
We haven’t incurred any cost - yet. We just downloaded the form from the internet and took it in to the child support office. Each party/side has to bring in financial documents (wage verification) - it states that in the motion. If you anticipate issues with your ex it may be best to consult w/ your lawyer.
I have downloaded and filled out the form.Do I now take this form to the clerk of court to file for a court date or just where do I take it? How long did you have to wait for your date?
We took it to the child support offices and they immediately gave us a date. It may work differently in your county. I would contact the child support office and ask them.
The order is in Person county.
We are in Scotland County and all we had to do was go to Department of Social Services and tell them a child was ageing out. They filled out the form for us and we just had to take it to the clerk of court to file and get court date.
It did not cost us anything for modifing child support.
Do you carry insurance on your children. My SO had insurance on his kids. His company gave him almost free insurance but he had to pay extra for the children. We got a letter from his employer showing that his part of the insurance was only $7.00 and he had to pay $77.00 for the kids per month. This way he was given full credit for the insurance he was paying when he dropped all but the youngest(other had aged out). Otherwise they would have divided the $84.00 by two(Daughter and Him) costing him an extra $35.00 a month.
I am paying support under order for two children. One is 18 and graduating high school in June. I have received a letter from social services that child support will remain the same unless I file a motion for recalculation for one child due to the fact that I do not have a pro rata order. I am afraid going to the trouble of filing this motion will give the mother reason to increase my support anyway. In the case of one child remaining at the age 16, would I be wise to file this motion for recalculation?