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munnkies · Sep 12, 2008, 12:30 PM

My husband's lawyer calculated my child support payments at $600.00. This is 45% of my current income and is a 30% increase in what I should be paying, according to the Oklahoma child support calculation charts that I found on-line. However, I live in NY. Should this make a difference in how much I pay? And, can I hire a lawyer, after the divorce has been settled, to go back to court and get the amount of the monthly child support payment reduced?

My husband lives in Oklahoma, and I live in NY. No arrears involved. And we have 3 children.

cdad · Sep 12, 2008, 12:57 PM

Originally Posted by munnkies

My husband's lawyer calculated my child support payments at $600.00. This is 45% of my current income and is a 30% increase in what I should be paying, according to the Oklahoma child support calculation charts that I found on-line. However, I live in NY. Should this make a difference in how much I pay? And, can I hire a lawyer, after the divorce has been settled, to go back to court and get the amount of the monthly child support payment reduced?

What state is the court in that's deciding all this.. they have jurisdiction so it by their laws that you must abide. Also is there any arrears included in your support ? How many children are involved ? The federal government limits to 50% of gross for child support and up to 65% for child support with arrears. Gross is the amount of money you make before taxes are taken out. So depending on the laws of the state that's unvolved it may be correct.. can't be sure without more facts.

this8384 · Sep 12, 2008, 02:02 PM

I agree with califdad; there are a lot of questions that need to be answered before anyone can give you an accurate response.

stinawords · Sep 12, 2008, 03:40 PM

Again please don't open new threads just continue with the one you already have going.

munnkies · Sep 12, 2008, 05:04 PM

Originally Posted by stinawords

Again please don't open new threads just continue with the one you already have going.

OK, but that still doesn't answer my question.

stinawords · Sep 12, 2008, 06:29 PM

If you want your question answered you have to provide the extra information like calif said there is a 50% federal max so you are still under the federal limit. The reason you need to continue on the same thread is so that your question does get answered but we need all the information from you with out having to search for it in order to give accurate answers. Has the judge signed off on that amount? Have you gotten your own lawer? Basically if one party has a lawyer and the other dosen't the party with out representation is going to loose.

munnkies · Sep 12, 2008, 06:44 PM

OK... thanks for all your help, so far... I live in ny, and my husband lives in OK, which is where the case is being decided... we have 3 children... through much debate, his lawyer stuck to $600 monthly payments to be made by me... I have no representation, and what I'm wanting to know is if I need to get a lawyer now, before the case goes before the court, or if I should just let it stay as is, therefore saving myself the trouble and excess cost of an attorney... if the court is most likely going to side with my husband's lawyer, then I just figured that it would be totally pointless for me to hire my own attorney, and I was also wondering if I can just get this divorce behind me (due to another relationship), and then, after the divorce has been granted, I could turn around and just hire a lawyer for the sole purpose of getting the child support payments reduced.

stinawords · Sep 12, 2008, 06:59 PM

Ok... here's the thing if you let this just go you can not turn around and go right back with a lawyer to have it modified. First, courts won't hear the case right away so you won't even get a court date. Next, in order for a modification to be made once the judge will hear it you have to show a change in circumstances such as a deduction in pay by at least 15%. Even then the judge will be hesitant to lower it because the kids still need a roof over their heads and food in their mouths and cloths on their backs. So it is really up to you if you think getting a lawyer now is in your best interest (to sway the judge not to order so much) or if you just want to pay that amount because even if you wanted to file an appeal you would have to show that the judge ruled the wrong way (not easy to do). Have you been paying this amount with out the judge having ordered it or are you saving it up for when the judge does order it?

stinawords · Sep 12, 2008, 07:08 PM

Also, did you use an online calculator or just charts? Do you know how much he makes? I ask because just went online to the OK child support calculator and didn't add any money for either of you for paying alimoney or child support to anyone else and put your income according to $600 being 45% of your gross (I'm an accountant so I think I was pretty accurate unless the numbers you gave were wrong) and put his monthly income higher than yours to give you the benefit I also didn't put insurance cost on either of you and three kids that are involved in the case and it gave me over a thousand dollars that you would be paying. So you can either fill in those blanks for me and I will run them again or you can try it again with a calc. and see if you get different numbers. (I understand not wanting to put all that information on the net).

Fr_Chuck · Sep 12, 2008, 07:09 PM

Let me see 100's of dollars a month for years and years, yep no reason to hire an attorney at all??

No you can not just back to court, normally unless there is a change in situation, lower or higher income.

Your rate is normally just a matter of forumla that the state will use, based on your income and the number of children

this8384 · Sep 13, 2008, 07:22 AM

I don't see how you can say that by paying 45%, you're paying a 30% increase of what you should be paying. That would mean you're under the impression that you only need to pay 15% for 3 children, which isn't even close to enough to provide for them.

But going back to the first response you received: we still need more information. Does the $600 include arrears payments? If you want the amount reduced, you're going to have to prove to the judge that this amount of child support is straining you financially. But you're still going to have to go back to court for it.

munnkies · Sep 13, 2008, 10:49 AM

I did use an on-line calculator, but this was several months ago. I make approximately $1,350 before taxes, and he makes $3,700 gross. I just had a recent decrease in pay, down to $850 a month. So, I'm not really sure what I should do.

ohsmilnme · Sep 13, 2008, 10:51 AM

Can you petition the court for a lower amount based on your pay?

this8384 · Sep 13, 2008, 11:20 AM

You still haven't answered if the $600 includes arrears. That's going to make a difference because once you've caught up, the payments will be less. Additionally, the court doesn't care how much he makes; I asked the court this when my husband's ex-wife got a raise. They're not basing it on the custodial parent's income, they're basing it on yours.

You can try to ask the court to lower the monthly amount seeing as your income has been drastically decreased. But you're still going to need to go to court for it.