I have been divorced for over 10 years. At the time, I had 2 children ages 12 and 7. My ex was required to pay $800 per month via an income deduction order. This order was in place for about the first 2 years, until he moved out of state and changed jobs. He then started paying me directly. When the first child graduated high school, he cut the child support in half and paid $400 month like clock work. No problems, so I didn't feel the need to use the income deduction order as I felt the $400 a month was fair. In addition, in our original agreement, I consented to allowing him to claim one of the children as a dependent on taxes, since he was paying the $800 a month. Well, here we are, years later, and things are different, but I have never modified the original agreement. And that $400 a month is just not going very far to help support a 17 year old boy these days. I had hoped that the ex and I could agree on an additional $200 a month - something fair for both of us - but that didn't happen (even though he makes about 6 times annually what I do)
So my question is: can I use the original income deduction order and send it to his employer? Even though technically, it really isn't representative of the current circumstances.

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Originally Posted by birthnutt

I have been divorced for over 10 years. At the time, I had 2 children ages 12 and 7. My ex was required to pay $800 per month via an income deduction order. This order was in place for about the first 2 years, until he moved out of state and changed jobs. He then started paying me directly. When the first child graduated high school, he cut the child support in half and paid $400 month like clock work. No problems, so I didn't feel the need to use the income deduction order as I felt the $400 a month was fair. In addition, in our original agreement, I consented to allowing him to claim one of the children as a dependent on taxes, since he was paying the $800 a month. Well, here we are, years later, and things are different, but I have never modified the original agreement. And that $400 a month is just not going very far to help support a 17 year old boy these days. I had hoped that the ex and I could agree on an additional $200 a month - something fair for both of us - but that didn't happen (even though he makes about 6 times annually what I do)
So my question is: can I use the original income deduction order and send it to his employer? Even though technically, it really isn't representative of the current circumstances.

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You cannot use the original amount because he is only required to support one child now, not two. You need to file in court to have the amount modified.

Where are you located and where is the current order currently from? Laws vary by area; my state would require your ex to pay 17% of his gross income for one child, 25% for two. Based upon your state law, you may or may not get more money by going back to court.

Thank you for your response. I am located in Maryland. The original agreement was issued in GA and my ex lives in Texas. Complicated enough for you? LOL
And 17% of his current gross income would be SUBSTANTIALLY more than what he's paying right now. My intent was never to go for blood on this, but his total lack of willingness to work it out between us has left me no choice but to let the courts handle it. Unfortunately, he will probably wish he had just settled it with me because I think it's going to cost him a whole lot more this way.
So next question, if this modification something I can easily do myself without a lawyer? I simply don't have the money for an attorney.

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Originally Posted by birthnutt

Thank you for your response. I am located in Maryland. The original agreement was issued in GA and my ex lives in Texas. Complicated enough for you? LOL
And 17% of his current gross income would be SUBSTANTIALLY more than what he's paying right now. My intent was never to go for blood on this, but his total lack of willingness to work it out between us has left me no choice but to let the courts handle it. Unfortunately, he will probably wish he had just settled it with me because I think it's going to cost him a whole lot more this way.
So next question, if this modification something I can easily do myself without a lawyer? I simply don't have the money for an attorney.

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Most likely, you should be able to do this without an attorney.

How long have you resided in Maryland? The case may have to be transferred to a new state due to neither party residing in Georgia anymore.

Do you know how much your ex earns per hour? An approximate guess is fine; it just makes it easier to figure out how much he should be paying.

You mentioned that the child is 17 ? They may not modify it at that age because it is so close to ending. You can apply to your local state agency but depending on your sons age and schooling the order is about to expire anyway.