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i have a ? not sure if this is the right place to ask but here it goes.

my ex and i have a court order saying he would pay a sit amount til the youngest was out of school. but i just got a letter saying the child support is due to be reviewed. can they lower it if the office says it should be. even tho its in writing its not to be. can my ex try to use this in court to get it lowered. and before u think im mean it was a set amount due to me telling him i would not go after his retirment or almony. and i would never ask for it to be higher. if u can help it would be great thanks sooo much for ur input..

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Asked by conn30 at 8:59 AM on Jun. 16, 2010 in Relationships

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Answers (13)

    Answer by Anonymous at 9:03 AM on Jun. 16, 2010

  • as far as i know the judge is the one who sets child support payments. have you discussed this with your lawyer?

    Answer by Anonymous at 9:04 AM on Jun. 16, 2010

  • Never having been in your situation, I can't answer your question, but if you moved it over to the general parenting forum, more people who understand your situation would see your question and I bet there would be lots of good responses for you.

    What I can tell you about cs is from my BIL's experience and from what I understand, either of you can take the other back to court at any time to request changes, but it would ultimately be up to the judge to decide what happens. However, if both parties are in agreement about the cs arrangements, then usually a judge will leave it be.

    Answer by Anonymous at 9:07 AM on Jun. 16, 2010

  • no im trying not to have to pay for a lawer this time but if i have to i will but i was not sure since the judge already ruled to have it at the set amount

    Answer by conn30 at 9:07 AM on Jun. 16, 2010

  • i can only hope cause i stick to my word that if it was to be higher i would ask for it not to be. but my ex is on the other hand. thanks i will move it over

    Answer by conn30 at 9:10 AM on Jun. 16, 2010

  • Do you mind me asking what you get in child support a week? If your divorce decree says that he is to pay a set amount, then I don't think it can be lowered. They usually go by what what signed already in the decree and I believe you can fight it in court that this is what was signed. I have a set amount also, but I can go have it modified if he makes 15% more in pay. Find a good lawyer if you can afford one and fight it...remind the court that you did not go for alimony or his retirement and if he can lower it, then you want to go after the retirement. Tell the court you cannot afford to have it lowered. Hope this helps!

    Answer by kazn1966 at 9:19 AM on Jun. 16, 2010

  • i will google it thats a great ideal but im not sure what he makes cause we have not talked to him or even seen him in almost 2 yrs..

    Answer by conn30 at 9:20 AM on Jun. 16, 2010

  • Reviews normally are to increase to adjust for cost of living. They are usually every 3 yrs. Yes it's possible it can be reduced if he proves his income has decreased.

    Answer by admckenzie at 9:21 AM on Jun. 16, 2010

  • see thats wrong he shouldnt be able to do that im big on saying what i mean and doing it. i just hope if it goes to court the judge will feel the same cause i would ask the judge to not raise it cause i said i wouldnt.

    Answer by conn30 at 9:26 AM on Jun. 16, 2010

  • Child support and separation of property (his retirement/alimony for you) are totally separate issues. I don't think anything you have in writing will have any bearing, unless it's notarized, filed with the courts, etc. The two are not tied together. The state will set child support based upon their "calculator" (which you can google as another poster suggested) and the judges discretion. You can submit your paperwork, but I don't know that it will hold a lot of weight with the courts. Good luck!

    Answer by missanc at 9:58 AM on Jun. 16, 2010

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