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Old 11-10-2015, 07:45 PM   #1
crayolablue74 Male
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Default Child support cause to reduce?

i,

I have been religously paying my child support on time for the past years every month, never missed a payment. I have the children 50% of the time. We have the kids on a week on week off basis.

At the time of seperation I was working and she had just quit her job. When the order for support was filed she was not working at all and had no declarable income.

It has been this way for 8 years. She has since purchased a home, yes purchased a home with her common law husband, and still does not have a job. I dont know where she gets her money from or if he makes really good money but it doesnt matter to me to be honest. What does matter is she has no need to work, as is apparent. So my biggest concern if I go back to court and say that she could be working and could have been working by now, and there is potential for earnings that she is not pursuing, will I get shot down?. It just doesnt seem fair to me that based on her having no earnings 8 years ago my support payments, do not change because she has not been working.

The kids are 10 and 11 years old, she has a live in common law husband, and I assume all costs for extra curricular activties, school programs, health, dental benefits, etc....anything and everything for the kids in addition to my support payments. I see no reason why she cannot work, as she is in her mid thirties. She has a full week off away from the kids which baffles me even more. I maintain a full time job, commute, daycare for when the kids are with me etc..

Does anyone see justification in me pursuing to have my child support reduced or even removed? I am aware they will impute minimum wage income base don full time hrs for people that do not work for long periods of time.
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Old 11-10-2015, 11:18 PM   #2
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Default Re: Child support cause to reduce?

welcome crayolablue74

I really dont have an answer, but i do wonder though, if you are paying the same amount in child support you did 11 years or so, if maybe they may just raise it, again IDK. just something to consider.

was the child support based on 50/50 time share?
did she work ever when you all were together? cause i guess you could make the argument that she has the potential for (amount of income) and a reasonable amount of time has passed.
is the after school activity & programs in the divorce decree on who should pay?
if not you may back out of them and let her assume that final responsibility or have her pay half?


good luck and keep us updated
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