[vacanteyes]

My ex hid his financial records during our divorce and told that court I stole them and he was but a poor victim. I had no way of proving his income. Therefore he was ordered 334.00 per child {2} per month. Absolutely not fair with his HUGE income, but I'm a big girl and really its worth it to shut my mouth and keep civility between us. We were awarded joint custody they were to live with me for a week, then dad, then back here. We live close enough to school and each other to make this the easiest on the kids that I can think of. In May my son was not pleasant to his new stepmother and I was called by my ex to pick up the boy forever. Secretly thrilled {and hoping just a matter of time until I got our daughter too} I rushed over picked him up; he had his book bag, clothes on his back and a pair of newish shoes that step mommy dearest harassed him about taking. Well its been 6 months and he has had no visitation with dad, not one day. He will see dad occasionally when dad comes here to pick up sister. Dad usually tells teenager all the fun camping motorcycle trips etc that he is going on. Not to bribe our boy into wanting to return, just because he is not very intelligent. Originally I thought I would be able to handle his extra time here, however I was wrong. I love him to death and am very grateful he is here but I don't have enough money to feed him as much as he would like {he is very thin}, I don't have enough money to purchase the clothes that he would like to wear to school {4 pairs of pants} I don't have enough money for braces that he desperately desperately needs {and good ole dad has promised for 3 years} and now I don't have the money for driving school. I don't know exactly how my finances have gotten so low but I suspect its been the extra obligations over 6 months have put me in a rough spot. So I finally sent dad a note, explaining essentially he kicked Dan out 6 months ago, Dan refuses to return, Dan has recent needs for more income.

Therefore original order is 334.00 for 2 weeks of the month
Dan is here now and has been for 4 weeks of the month
334.00 + 334.00= 668.00

This is still too low for dads HUGE income, but rather expose the kids to hate and fighting and all that goes along with that I'll take it. I think this increase will make a significant help with the food clothing dental and maybe even driving school.

Dad is supremely pissed off and looks like we'll be going to court AGAIN. Where I imagine he'll try to get full custody {as he originally threatened} by 'revealing that I am a violent felon' {We had a fight, he hit me, I hit back, he called police 9 years ago.} Our children were sound asleep, I weighed my options and decided if I told he hit me we'd both go to jail and children would be removed from their beds and taken elsewhere; by POLICE. I said he didn't touch me. Went to jail and whenever he doesn't get his way, he brings this up {yeah I know outweighs me by 75 lbs and 5"} BUT, our children our 15 and 11 very intelligent, aware of the entire jail story, know for a fact that I've never been violent with them or anyone else and prefer to live with me.

I'm just scared that by rocking the boat he might just get custody reversed. I have 2 jobs, and own a 9 year old Honda, have no outside life other than employment and these precious kids. I wrongly thought he would have put just a little bit more into his son.

Can such a simple mathmatical equation cause this much trouble or is it simply a fair and accurate increase?

[macksmom]

If the child support was determined on 50/50 custody, and now you have one of the children 100% of the time, yes child support should be re-evaluated.
But it really is just a simple mathematical equation. Child support can only be "x"% of his income verus yours. They will get your income and his... and if a raise in child support is due it will be awarded.

[tawnynkids]

And I also wouldn't worry much about a possible reversal of custody. #1 Your son doesn't seem to want to go to dad's and that will be taken into consideration in court. #2 What happened, happened a very long time ago, they typically look for events that have occurred within the last 5 years. Either way, he previously agreed to 50/50 already so turning around now and claiming violence issues should be a moot point. He would look pretty stupid saying well she was a good enough mom to have 50% custody before but now I don't think she is fit anymore and I want 100%. The Court isn't stupid and can see when a parent seeks custody after a support issue has been brought to court.

I wouldn't worry too much about that or any threats. I would continue to seek a modification in child support for sure though. It is fair to re evaluate the amounts, what the amount will be will be set by the state so yes, it will be fair (at least according to the numbers they input). However, I think it is one of the biggest reasons people cause "this much trouble". It seems to be a bit of a "take me to court for child support and I will try to take everything from you" kind of thing. It sucks and causes a lot of problems but the Court usually sees right through it.