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Cathyjack · Mar 28, 2009, 09:32 PM

I have been divorced since 2001. Ex moved away immediately. First out of the state now out of the country. I have collected the same amount of support since our divorce in 2001. I am finally requesting more. I know he makes a significant amount of money and his company pays for his house and he has a driver, so he does not have a car payment either.
He sees our daughter every other Christmas and for 4-6 weeks in the summer. I have custody of her the rest of the time. He has never offered even a cost of living increase. I live in California. How does increases work, especially if my ex lives out of the country. This seems like this should be easy due to the fact I have never bothered him for anything in the past. But due to our economy and our daughter will be a teenager I think I am long overdue for an increase. Anyone have any information. [F]

stevetcg · Mar 29, 2009, 04:42 AM

You go to court where the order was issued or currently has jurisdiction (where the child lives) and request an increase. If he is out of the country it may be difficult to assess new payments and possibly more difficult to enforce them. I would recommend a lawyer for this undertaking. Its not nearly as simple as a normal CS adjustment.

cadillac59 · Apr 1, 2009, 09:31 PM

Originally Posted by Cathyjack

I have been divorced since 2001. Ex moved away immediately. First out of the state now out of the country. I have collected the same amount of support since our divorce in 2001. I am finally requesting more. I know he makes a significant amount of money and his company pays for his house and he has a driver, so he does not have a car payment either.
He sees our daughter every other Christmas and for 4-6 weeks in the summer. I have custody of her the rest of the time. He has never offered even a cost of living increase. I live in California. How does increases work, especially if my ex lives out of the country. This seems like this should be easy due to the fact I have never bothered him for anything in the past. But due to our economy and our daughter will be a teenager I think I am long overdue for an increase. Anyone have any information. [F]

Send your ex a post-judgment demand for production of a current Income and Expense Declaration. If he gives it to you run a current child support calculation on the DissoMaster and see how much support will increase (I'm sure it will). Take the reasonable value of his housing allowance and company car and driver and plug this into "non-taxable income". Send him a copy of the DissoMaster with the revised support numbers and ask him to stipulate to an increase. If he refuses, warn him you will ask for attorney fees for his non-cooperation.

File a motion for modification of support if you have to (this would be in the court that issued the order (assuming you still reside in the same county--if not, you might wish to move to transfer venue to the county you now live in in conjunction with the motion to modify support). Ask for 2030 attorney fees and 271 sanctions.

If you are currently being paid by wage assignment (directly from his paycheck, that is), collection of the new support order will be a snap. You just file a new Child Support Case Registry Form (CSRS) with the new support order and Amended Income Withholding Order and serve his employer with the wage assignment when it comes back from the court. That's it. It's pretty easy.

twinkiedooter · Apr 5, 2009, 03:36 PM

Just because he now supposedly makes more money does not automatically entitle you to more child support. You need to also back up why your child needs more money. Such things as piano lessons or a new cell phone are not considered necessary. Has your finances changed since the divorce and child support was first implemented? If your wages have decreased that would be something that would have to be proved as well.