My kids father was recently promoted to captain of a fire department. His overtime and base salary earned him approx 200,000.00 last year... My salary is about 50,00.00 per year and we have 2 kids. We share 50 percent of 1 kid and I have 80 percent custody of the 2nd child. My chlid support is 1300.00 per mo. Based on his income should I file or can I file for an increase in child support? Would I get an increase?

My kids father was recently promoted to captain of a fire department. His overtime and base salary earned him approx 200,000.00 last year...My salary is about 50,00.00 per year and we have 2 kids. we share 50 percent of of 1 kid and I have 80 percent custody of the 2nd child. My chlid support is 1300.00 per mo. Based on his income should i file or can i file for an increase in child support? Would I get an increase?



Depends on the State and whether support is by Statute.

You would have to talk to a family law Attorney.

I don't understand what you mean by you "share 50% of one kid and you have 80% custody of the other."

You can have an attorney file for a modification of your monthly support amount. I don't know if the judge will grant this request just because the ex makes more money now. Are you in dire need of more financial aid at this time that you can show the court that you actually need this money to properly raise the kids? Consult with your attorney on this possibility.

Now that the father got a promotion, I see no reason for you to get a raise. If he is spending that much time with the kids, and already sending that amount of support, I would think you'd be counting your blessings, rather than hoping for more cash to count. Of course you can try what ever you feel right, but only you, the court, attorneys, the father, and child support systems will have to work it out in the end. Not sure that anyone will be able to give you an answer with any certainty.

I have to agree with oneguy. That seems like quite a bit of money already, I know kids are extreemely expensive (my husband and I have two) but I honestly don't see a judge ordering any extra support especially when he has the kids that much.

It seems quite selfish to keep going after you ex for money when he's paying you the ordered amount based off the income he was making while you were married! It's sad that a noncustodial parent can never better himself for his new family, while still financially supporting his first... when ever the noncustodial parent does the custodial parent gets more money leaving the second family at the same point. The first family always comes out on top, leaving the second family (children) struggling at times. The legal system needs to stop allowing custodial parent to feed off the system and their ex. If a noncustodial parent pays the ordered amount that he/she was making while married, then the children are not going to starve or be deprived. I'm assuming you had a house and fed your children during your marriage. BOTH parents need to be financially responsible. With the amount your ex is paying you and your income, you should be more than able to provide a good home, and environment for you children!

Based on his income should i file or can i file for an increase in child support? Would I get an increase?

His making more money is not reason enough for you to ask for an increase in child support. You have to demonstrate a "change in circumstance." You have to need more money in order to support the children. For example, if you lost your job, or if your medical insurance went way up, or if one of the children developed a disease that was expensive to treat. It does not sound like you have a change of circumstance. So unless there's something you haven't told us, I would say that if you requested an increase in child support you probably would not get it--and you would also irritate your ex.
Asking

If you are having difficulty in raising your children on the amount sure ask for it because the children are the most important ones in the matter , but not if the money is to keep up your lifestyle and just because. I have experienced it first hand, I am a father whom has shared custody of two wonderful 6yo boys and have went through hell to get that I would suggest talking to him and seeing if you all can work something out civily andjust ask for a little help from time to time not going to get anywhere by court and waisting $ on lawyers.good luck