Increasing/Decreasing child support or alimony
Child Support
Increasing or decreasing child support is a fairly common routine. Child support should probably be reviewed every three or four years to see where the incomes relate to the child support guidelines. The guidelines themselves rarely change, but, of course, incomes often do.
In addition, child support can be lowered or raised any time there is a substantial, unexpected change of circumstances, such as job loss or promotion.
Payors should also watch for a change such as a child no longer enrolled in day care, or maybe a child that was enrolled in full-time day care and is now only enrolled in after-care. Daycare and health insurance costs can have a very substantial impact on the amount of support paid, often more of an impact than an income change. When a child is no longer in daycare, child support should be reduced, so you should get to the judge as quickly as possible.
And be careful not to rush off to the lawyer just because the child support recipient gets a big raise. I hear this a lot: "My ex makes a lot more money now, so I want my child support payments to go down." It usually doesn't work that way. In fact, if the child support recipient gets a raise, the child support payments to the recipient usually go UP, not down. (I know it doesn't seem to make sense, but that's how it works.)
Alimony
Assuming the payee doesn't re-marry or live with someone, alimony rarely changes. The usual reason for alimony to be reduced is that the payor gets fired or retires. Watch out for the payor who gets himself or herself fired on purpose. Judges aren't stupid. They know that payors are only doing this to get out of alimony. We call this "voluntary underemployment," which means, "now you make a lot less and you're still going to be stuck with the alimony.
Alimony is rarely increased. About the only time alimony gets increased is if the payor claimed at the time of the divorce that he or she couldn't afford the alimony, but now circumstances have changed in such a way that the payor can now afford what the payments should have been. (Did I say that right?)
posted by Brent @ 4:18 PM
21 comments
21 Comments:
But the problem is gertting the court to hear your case, especially in Manatee county. The really suck down here.
Unfortunately, this is very, very true. I'm not sure how people are even able to get court dates without lawyers. Even we lawyers have a difficult time getting court dates, since the family court system is so enormously backed up.
We're fortunate here at Orsini & Rose because we're large enough to be able to afford staff people who do nothing but schedule hearings and mediations all day, so we're able to get hearing dates fairly quickly. But I'm not sure how the smaller family law firms manage. Maybe they don't.
I honestly have no idea how anyone manages in the family law system. It seems to me the bast place to be in the system is out of it. It is very difficult to get out of it with an immature, greedy, ex who takes it out on the kids.
"It seems to me the best place to be in the system is out of it."
These are probably the most important words ever put into this blog (and wouldn't you know, they weren't from me)!
Do everything you can to keep the government--most especially judges--out of your life and out of the lives of your children. Settle your case, work out a deal, pay your child support (even if it sucks), do whatever you have to stay out of court. To the best extent you can, keep your life under your own control, and the courtroom is the worst place for keeping your lofe under your own control. In court, you've lost all control of your own life. In court, you never know how a judge will rule, you never know how a judge will destroy your life and that of your children. Avoid this system any way you can.
Of course, when you do have to use the system, or when you're dragged into it, use a lawyer. Then get your lawyer to get you out of it as quickly as possible.
Thanks for the compliment, after being in it for years it really sucks. I do have an excellent attorney who is unfortunately trying to negotiate with my ex's difficult attorney. It seams that most family law attorneys philosophy is to either object, or not respond.
brent said...alimony almost never increases. What if a spouse who was awarded alimony based on her testimony that she was disabled unable to work and had no other income and it is found out later that she lied to the court was working at the time of divorce and continued to work, but would periodically file motions of contempt for non payment of alimony in order to increase her alimony, the court does not know that she has been working. what can the former husband do?
Lots of things. File a motion for criminal contempt against her for perjury, file a motion to terminate the alimony, sue her for claiming fraudulent alimony, report her to the police or the State Attorney's Office ... .
MY WIFE HAS THREATEN ME IN TAKING ME BACK TO COURT B/C I GOT REMARREID. CAN SHE DO THIS? ALSO MY OLDEST DAUGHTER TURN'D 18, AND HAS GRADUATED FROM HIGH SCHOOL, DO I STILL HAVE TO PAY CHILD SUPPORT TO MY EX?
Question one:
Changing a prior order for support (or visitation or custody or whatever) usually requires a "substantial change in circumstances." Remarriage alone is usually not enough to be considered a substantial change, and a new spouse's income is not taken into consideration when determining child support. There are some exceptions, though. For instance, if you had child support suspended in the past because you claimed you couldn't afford it, a judge may find that your new spouse's income makes you financially stable enough to pay your back support.
Question two:
Most settlement agreements and judgments say that child support continues until the "youngest" child turns 18 or graduates, meaning that the child support stays the same even as older children turn 18. But I've found that most judges are pretty lenient about reducing the support as each child turns 18 or graduates, despite what prior agreements and judgments say.
HOw do you find out if the spouse's income has changed or what it is. I suspect that my ex lied at our medation about his income because he managed to buy a house less than a year later. How do I find out????
Primarily, we rely on the Financial Affidavit, which is a document that is required in almost all family law cases in Florida. It requires a person to swear to their income. Of course, it's not uncommon for a person to lie on the financial affidavit, so we turn to other methods to learn a person's income.
In Florida, lawyers have subpoena power, so we usually subpoena bank records to see what the payroll deposits are, we subpoena the work records to see what the payroll amount is, etc. We also check IRS records, deposits to IRAs, 401(k)s, and other accounts.
If the person is self-employed, we subpoena clients or competitors to find out what the self-employed perrson has been charging and what jobs they've done. Sometimes we subpoena credit card records to see what business supplies have been charged. For self-employed contractors, for example, we subpoena Home Depot or other suppliers' records to find out supplies that have used on jobs. This gives us a good idea of how much work a person is doing.
And that's just a few of our secrets.
My ex is taking me back to court to try to get more child support. I run my own business, but take very little salary, I also have some misc 1099 income personally. Based on my income, CP should actually go down.
My ex will freak out if that happens and cry foul. I'd like to avoid litigation and would keep things the same. What kind of hoops will the Court make me jump through?
Assuming you're being sued in Florida, you'll probably have to turn over some of your business records to her lawyer or the Department of Revenue, depending on who sued you for the increase. You'll probably have to turn over your balance sheet, your profit and loss statement, and maybe even your ledger. You'll also probably have to turn over your W-2s and 1099s and personal tax returns from the past three years or so.
But your child support will probably be based only on your W-2 income, your 1099 income, and your draws. The appellate courts have said your total income for your business can't be used against you in determining your income for child support. They've said that corporations, even corporations owed only by the child support payor, can't be raided to pay child support. Of course, you can't use your corporation to shelter or hide income, either. But just because your corporation makes a lot of money doesn't mean it doesn't have a lot of expenses, either.
A business can make a million dollars, but it's owner can still be broke, and judges are smart enough to recognize this.
If an ex-wife asks for financial information out of the blue, last year's tax forms, pay stubs, etc, are we obligated to turn them over? We are wondering if she is just probing to see if it is worth it to her to take it back to court. On paper, it might seem that way. Also, what are the chances of making it so that the non-custodial parent assumes the obligation of day care costs, rather than changing child support.
thank you for your willingness to answer these questions!
You're not required to turn over any finacial information "out of the blue." Unless it's required by a court order or a settlement agreement, or unless there is a child support case pending, you can safely ignore a request for information.
Most judges don't object if you decide to pay day care directly without regard to the guidelines, even though, technically, the law requires the day care to be figured as part of the child support guidleines. There may be some tax advantages for you to pay the day care directly, anyway.
I am in New York and believe my husbands salary has increased by over $30,000.00. He claimed his salary during the divorce was 107,000.00 and now I have written reason to believe it is 130,000.00 with separate pay for bonuses of 10 to 15 thousand a year. That is quite a jump in salary over the two year period we have been divorced. I receive 1,500 a month for child support for one child. I am on social security disability and unable to work, which was known during the divorce. I receive 758.00 a month for disability pay for me and 338.00 for my minor son. I have to pay 480.00 a month just to have health insurance for me which I need just for the prescriptions alone as Medicare would be more costly to me to only have. My point is My ex's salary increases every year and so do my cost of living expenses for my now 15 year old son, yet I get no increase in my child support to cover the cost of living and growing expenses of my 15 year old. My question is; is there some kind of checks and balance system to check the child supporters salary each year to see if there should be an adjustment made to child support? I thought child support was based on a percentage of the person's salary. I get 17% of 107,000.00 now (at 1,500.00 a month. 17% of 140,000.00 would be $500.00 more a month to cover my cost of living and growing expenses. Do you have any thoughts on this subject?
Florida's child support system is not based on a percentage of income, it's based on a grid system where both parents' income are combined, then you look up how much the child support should be.
Any time there is a substantial change in circumstances, you should go back to court to have child support recalculated. Many things can be cnsidered a "substantial change," but a salary change of 15% up or down for either party is almost always considered a good reason to go back to court for a recalculation.
Brent,
Currently I am in the middle of a 2 year long divorce. I pay my ex 1000.00 in alimony, 1465.00 in child support plus I have been ordered to pay her 600.00 lincoln town car payment and to top it off I have to pay her attorney fees of 14,000.00 in 90 days. I own my own businees but lets face it I don't make that kind of money. I recently went before the judge and showed him my income. Gross deposits were 28,000 but out of that I only made 8000.00 and 6000.00 went to my ex. THe judge told me he does not believe my statements nor does he find me trustworthy in regards to my financial status. I was an open book and showed factual docs to back up my income. Now that he has handed down such a financial burden to me I am in jeopardy of losing my business and going to jail since I do not have 14,000 to give her attorney in 90 days. My question is how do I get the judge to beleive me and reduce this financial burden so that I can stay out of jail and make money to ensure my children are taken care of? Please help!!!
Let me guess, you didn't have a lawyer, right?
If there is one common theme that runs throughout this blog in every topic, it has to be, "Get a lawyer!"
Family court judges have just as much power to put people in jail as criminal court judges, and they do it all the time. Some probably do it more often than criminal judges.
Trust me on this, not having a family lawyer will always cost you more than the fee you should have paid your family lawyer.
Call me. If we have an office in your area, I'll see what I can do to get you out of this. If not, I'll get you to someone who can help. I've never had a family law client go to jail, and I don't intend to start now.
But listen, everyone, we lawyers can do a whole lot more before the judge holds you in contempt. Call us early and call us often!
Brent,
I pay my ex-wife $785 per month & never missed a payment in 13+ years. I am a mortgage broker & you can imagine how my income has decreased in the past 2 years. The real estate business is bad. I had my home foreclosed,car reposessed, filed BK Chapter 7.I have made a few of my payments and cannot afford an attorney. They want me in jail for 90 days. What can I do to get my support lowered.
I did send her attorney & my ex an offer but to no prevail. I have 2 other children that will lose there home if I go to jail. I will lose the house I am renting. How do you pay child support from jail.
I am ready to sue the state for its backward laws. I am not a dead beat dad.
Lee,
Smart people don't want their ex's in jail, they want the money. Sounds like your ex is stupid.
So here's what you do: file a supplemental petition to abate or modify alimony and child support. Basically, you're asking that support be stopped or reduced until you get back on your feet. If your case is in one of the big cities, like Tampa or Orlando, the clerk can sell you a packet with instructions and paperwork.
Judges and magistrates aren't stupid in this state. Explaining that you're a broke mortgage broker is usually a no-brainer, and you'll probably get lower payments.
Big caution, here, though. I know you say you can't afford a lawyer, but rememeber this: THERE IS NOTHING MORE EXPENSIVE THAN NOT HAVING A LAWYER. If you lose, it'll be because you took on a lawyer without having one. Don't bring a knife to a nuclear bomb fight. Beg, borrow, do whatever, but get a lawyer.
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