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Since i make 3 times more that ex, can judge go outside of the CS guidelines ti increase my CS?
Anonymous5 views4 answers
I made close to 80K and ex makes close to 24K, I have to come back to court to modify our CS since we are not using a child care center anymore now we used the school after care which is way cheaper that before. However, ex threat me if I bring her to court she will ask judge to increase my cs since I make 3 times more that her. I make 80K and she makes 25K. both have only one child never married, I pay a lot CS already n already can make it with my salary. An increse will be really hard to manage. Will the judge go outside the regular CS norms in my case?
I agree with the others on your question. Additionally, the judge has to provide clear reasons why there is a deviation from the guidelines. The stated reasons may provide a basis for a challenge to the judge's conclusions.
You do not indicate if this is the same income as it was when the cs order was entered before. The Court can deviate from the guidelines, but must have good cause. Most likely the court will re-evaluate child support based upon your current incomes and apply the current guidelines CS amount. If your prior CS included a contribution to work related child care built into the CS payment, that will be adjusted to the new lower school after care. The % each of you pay of the work related after care will be the line 6 % according to your pro rata after tax income shares. Based upon what you have provided, there is no obvious cause to deviate from the CS guidelines.
Based upon the information you have provided, the court should not deviate from the child support guidelines. There is an income threshold related to the guidelines that if you go above, the court can go above the support amount calculated by the guidelines. However, your combined incomes are below that threshold.
If you file a Motion regarding the payment of childcare, your ex can file a Cross Motion requesting for a modification of child support. Based on the figures that you provided, however, the child support would not deviate from the Guidelines (unless your ex can show good cause for why it should be deviated).
