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Pages: Do the Supprt Guidelines Apply? [1]
Author Topic: Do the Supprt Guidelines Apply?

Sr. Member
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2011-02-16 8-54-59-

Do the Supprt Guidelines Apply? My 11 yr old from previous marriage lives with us 3 nights per week. I am remarried w/ young ren with my wife. My ex (not re-married) wants a modification of support which would double my support payments according to the Support Worksheet because my income has increased over years. My current salary is similar to my ex's - I make approx. 10% more than she does. Our food, clothing, shelter and other expenses for are nearly the same as my ex. How should I respond to this request? What would a judge say? What is appropriate under these circumstances? Thanks for your thoughts/advice.
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2011-02-23 6-34-35-

only way to know is to go to court and
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2011-04-01 21-12-20

If you are now making more She has the right to take you back for a modification. Maybe, someone told her she should be getting more or maybe she now feels on her own that you should be contributing more since your daughter is getting older. That means you'd be spending more on your daughter anyway. Girls cost more the older they get. Ask anyone with a teenage daughter.
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  • burby

    Posts: 31

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    2011-08-16 8-11-15-

    Yes, but... My daughter is "costing more" as she gets older (clothes, shopping, time w/ friends, parties)and since she lives w/ me nearly half the time I am bearing a significant amount of the cost, as is my ex. Should the Support Guidelines apply in my case?
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    Posts: 27

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    2012-01-11 19-56-35

    you can stop from going up. They will take into consideration the fact that you have more ren. Fight it she probably wont get any more money. In MA it goes up a small % after the turns x, so you MIGHT have to after that, but not by much
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    Sr. Member
    Posts: 32

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    2012-10-06 11-45-39

    In some states like mine If your spends x nights per year with you or x nights week as in your case. There is no support. That would be considered x/x equal custody. Both parents are required to pay the s way under their own care at the time the is with them. I think you can make the case to stop paying support altogether. I do not see how she is eligle for support at all in your case. If you do not know the court procedure to counter her actions, repost another question on here or in the Legal form.
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    Sr. Member
    Posts: 82

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    2013-03-09 7-08-05-

    And in other states it is x days (then it is ed "shared parenting"). In this case, the noncustodial parent still has to pay some support, but not nearly as much. In some states, the amount of support does not increase because the is older, so you will definately want to check that out too. It is also possible that the x that you have with your current wife will "count" to decrease your support, so if that is the case, make sure that those are included in the support calculator. In some (if not all - I'm not sure about "all"), your wife's income does not "count" toward your support obligation. She is "not a party to the action" and is not responsible in any way (financially or otherwise) for the daughter that you had by another woman. Remember that the states get federal incentive dollars for support enforcement, so if you pay through the state (and the state cuts her check), the state office gets money from the federal government. That is, in part can account for why the support awards (based on the support calculator) are so high. See Social Security Act, Section D, part x.
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    2014-09-10 9-45-00-

    Pro Se is the term for representing yourself I have gone pro se in visitation with custody still pending. I can say that No you do not need an attorny. However I would sit down withfor an hour maybe the day or x before your court date to polish up for court. You can file a motion on your own and deliver it to the court house, some cases mail it in.the clerks office to get the Motion Schedule. Typing a Motion is very simple if you can get a copy of a previeous Ask any attorny for a softcopy and just rewrite it. I can send you Get a lawyer to look over all the paper work and advise you if you go pro se.
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    Sr. Member
    Posts: 68

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    2015-06-10 14-58-59

    Do you have a court date from the complaint for modification? If so you can counter with a your own motion or compaint as well. What that does is it forces the direction of the hearing to hear your arguements and settle your disputes before a final decsion is reached. If you are not x% prepared for the hearing, try to get a countinuance on the court date which will give you more time to get more of your questions answered. Just show up for court and ask the judge if you can continue the case for x or x more days.
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  • Melissa

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    2015-07-23 7-35-01-

    True that, in my experience, judges like they get them to lunch faster with less headaches.
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  • moes

    Posts: 68

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    2015-12-20 18-55-23

    If you do counter, ad some beef to your argument by citing the state code. Look it up on the net. Reveiw, copy and paste your state laws concering your specific matter. Use it to point to in writing your compaint and your argument to the judge. Remember This: If you are Pro Se you are the lawyer, dont be afraid to stand up and make a vigorous defense for your client (you).
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