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    KountryKidzFarm's Avatar
    KountryKidzFarm Posts: 1, Reputation: 1
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    #1

    Oct 2, 2012, 06:18 PM
    Increasing support
    If it was ordered that my ex-husband pay 500 per month child support... And be able to use two of the four kids each year for tax purposes... Based on half custody and half time spent with him... Yet he has not had anything to do with them in the last two years... Am I able to refile for an increase in child support ?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 2, 2012, 06:40 PM
    Quote Originally Posted by KountryKidzFarm View Post
    ... Am I able to refile for an increase in child support ?
    On what grounds? Has your earning capacity decreased? Has his increased?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 2, 2012, 07:12 PM
    First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your post to its own thread.

    So you think because you now have the children more often than the court ordered and maybe they are costing you more, you are entitled to more support? Its an interesting concept. Not sure how well it will work in court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 3, 2012, 02:24 AM
    You have not given us any reason for an increase, just not visiting with the child's is not a reason. Has he gotten raises where he works, is he making more money ? Are you making less money? Did he inherit a lot of money ?

    If his income increased greatly, you can go back and ask for more support
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Oct 3, 2012, 06:11 AM
    Quote Originally Posted by KountryKidzFarm View Post
    If it was ordered that my ex-husband pay 500 per month child support... And be able to use two of the four kids each year for tax purposes... Based on half custody and half time spent with him..... Yet he has not had anything to do with them in the last two years... Am I able to refile for an increase in child support ?

    Support and visitation are two entirely different things and stand alone.

    If you want to change any of the terms of an existing Order you have to go back to Court and request a new Order based on changed financial circumstances.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #6

    Oct 3, 2012, 01:11 PM
    What state are you in? There may be a way to do it depending on how it was originally calculated.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Oct 3, 2012, 01:12 PM
    Quote Originally Posted by JudyKayTee View Post
    Support and visitation are two entirely different things and stand alone.

    If you want to change any of the terms of an existing Order you have to go back to Court and request a new Order based on changed financial circumstances.
    Depends on the state. In California visitation is part of the calculation.
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