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question about childsupport

my DH has a son who is 5 and his mother claims that she is going to take my DH back into court because we bought a new car its not really new its a 1992 and we paid 1,000.00 for it. she feels that she isnot getting enough support she gets almost 700.00 a month for one child and lives with her mom and dad. Is there anything the Judge could do because we bought another car so we could have 2 ? If we dont have 2 cars my DH wont be able to go to work so then her support would probally drop quite a bit.

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Asked by Anonymous at 9:14 AM on Mar. 9, 2009 in General Parenting

Answers (9)
  • I doubt it for a 1000.00 car. She is just being hateful.

    Answer by Anonymous at 9:15 AM on Mar. 9, 2009

  • She can't take you to court because you bought a car. She couldn't take you to court if you bought a house. She has her CS the rest is your to spend how you see fit. Sounds like she just wants you two in the poor house.

    Answer by matthewscandi at 9:17 AM on Mar. 9, 2009

  • Thanks for the input. she def. wants us in the poor house, we dont bring home the best money but we arnt stupid with our money either, we dont go buying new cars like she did and end up having to live with our parents.

    Answer by Anonymous at 9:21 AM on Mar. 9, 2009

  • No the judge isnt going to take into account any purchases made. They only look at income and depending on your state guidelines he will only get an increase if he has more income, and not just say a 50 cent pay raise. I take my ex to court every 2 or 3 years because in the state I deal with it has to be a 10-15% increase in pay. If youre not making anymore then you did before its unlikely she will get a raise.

    Answer by gemgem at 9:26 AM on Mar. 9, 2009

  • She can take him to court, but that doesn't mean she'll get anything. They'll both have to fill out forms showing their income and (in my state anyway) expenses in terms of bills, child support, etc. Then, based solely on that, and not that he bought a new whatever, they will increase support only if there is a substantial change for either party. Also, it depends too on what the rules are for requesting an increase. I can't remember exactly what the rules are where I am, but it seems like it's something like you can only request it once every 3 yrs unless there is a very substantial change in circumstances (loss of job, something like that).

    Answer by tropicalmama at 9:54 AM on Mar. 9, 2009

  • In my state, MO, they do a standard of living raise, it's every 3 yrs for the review and I can't put in for one unless it's the right time.. They base the raise or lowered amount on both incomes. My review came up this yr, I chose not to take it to court. I figure I'm getting my 528/mo on time every month so I'm not going to rock the boat... If your husband isn't making anymore than he was when it was last reviewed, established and nothing has changed on her end income wise then it will most likely stay the same... If her income has increased then it could change. In my state they try to maintain a standard of living as if the parents were still married and raising the children together... I have been a SAHM for 12 yrs and the last review I had they said my income was comparable to a minimum wage job. I doubt she gets very far taking you to court, if she's poor then getting a lawyer is going to be kind of difficult....

    Answer by 4x4mum at 9:55 AM on Mar. 9, 2009

  • The only way buying a car, house would ever come in as being an issue with CS is if your DH was in arrears or not paying at all, and that seems not to be the case so I seriously doubt any judge is going to have anything to say about it. just ride it out and you two will be okay. As said above unless there is a substantial change I dont think there is anything to worry about.

    Shes getting $700 a month for one child? Im lucky to get $7 in a year, why on earth would she want to stir up something that seems to be okay? Sounds quite greedy on her part.

    Answer by lilmizmoore1127 at 9:58 AM on Mar. 9, 2009

  • She can take him to court.. it's called a "Show Cause" hearing... in most states you pay to have one set up ...
    In my state MI CS will review the cases and if the income hasn't changed nor will her allotted amount of CS... she is most likely doing this out of spite...
    My dh's ex had him in court every other month for yrs under the "Show Cause" and never got anything more... actually got less at one time and it was the courts decision to lower it...
     As long as your dh isn't behind and he is paying (which sounds like he is just fine) then there is nothing to worry about...


    Answer by gmasboy at 10:11 AM on Mar. 9, 2009

  • If he is paying the amount agreed upon and his salary hasn't changed then it's none of her business if you buy anything from a new car to an emu farm with the rest of your money. Don't worry about it even if she does take you back to court, it won't go anywhere.

    Answer by MommyAddie at 12:31 PM on Mar. 9, 2009

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