Forums > Single ParentingPage 1 2by: dmgirl

Modification of child support

posted 28th Oct
So the judge ordered my ex husband is April of this year to pay $650 for child support. He wasn't paying even after the judge ordered so they started garnishing his wages. Well he took me back to court for modification. We had mediation this past Thursday and like an idiot I agreed to $450. I honestly felt pressured. Months leading to our mediation he and his wife have been harassing me bugging to lower the child support, now keep in mind our son is already 14 and we divorced 7 years ago so for all these years he's gotten away with me not taking him to court for child support. I lowered it $200 and even then he was still bitching about it. Well after we signed the papers his wife comes running over to me as I'm waiting for the elevator and starts yelling and cursing me out. I never once screamed back at her, I kept my calm. Well as I was walking back to my car I just really regretted agreeing to the lower amount. So I called my case worker and told her how his wife came and harassed me so I can have it documented. My question is tomorrow as soon as the courthouse opens I'm going to try and have them reconsider the amount I agreed to. Have any of you ladies Ever agreed to a numbering modification and later regret it ? If so did you have to go back to mediation? Or go directly to a judge?
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I have 2 kids & live in California
posted 28th Oct
I'm pretty sure you can't just call them up and be like "Oh I changed my mind! Make that bastard pay me more." lol. You'll need to go through the whole process again.
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I have 1 child & live in North Carolina
posted 28th Oct
A mediation agreement is not permitted in court, meaning the judge will never hear what was agreed upon. So, if you change your mind then all the judge knows is that an agreement could not be reached. That said, being on the other side of the situation, you will make tensions much more difficult if you go back on your word.
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I'm due June 1st (a girl), have 1 child & live in La Grange, North Carolina
posted 28th Oct
The agreement is not missable in court if it has not been put into order; you have to file it with the courts. If you have filed it, and then you try to explain the courts that you changed your mind, they will only punish you, the judge will view you as selfish and uncooperative.
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I'm due June 1st (a girl), have 1 child & live in La Grange, North Carolina
posted 28th Oct
Most states a year has to pay or substantial circumstance changes ie: he lost his job or hours were cut in half to even let you see the judge to modify child support.
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I have 1 child & 2 angel babies & live in Georgia
posted 28th Oct
Yes, I kinda figured I'd have to go through the whole process again. I did call on Friday and the person I spoke with on the phone said that since I called the very next day to reconsider the amount that I agreed on that I may bein the clear and I may be able to just get a court date to see a judge and let him decide what is fair but he said the case manager was gone for the day and that she would call me on Monday. But I'm just going to go in that way if I have to go through the whole process again then I can file it already.
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I have 2 kids & live in California
posted 28th Oct
How much do you make a month? How much does he make a month?
They take that into consideration. How is custody set up? Are you primary or is it 50/50?
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I have 1 child & 2 angel babies & live in Georgia
posted 28th Oct
<blockquote><b>Quoting It's Delivered:</b>" Most states a year has to pay or substantial circumstance changes ie: he lost his job or hours were cut in half to even let you see the judge to modify child support."</blockquote>




Yes, this.
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I'm due June 1st (a girl), have 1 child & live in La Grange, North Carolina
posted 28th Oct
I can see why they can take it as me being selfish, but I did feel pressured. I knew in reality that I should've stayed receiving the first amount the judge gave. When we got divorced I was able to receive alimony and child support but I said no because I was working full time and my ex said that he would be there for our son. Well that is not the case. He is not there for our son. Infact tin April the courts put in our custody agreement that our son does not have to have any overnights with his father until our son willingly is ready to go. They made my ex start therapy with our son because I had evidence that proved that my son was being mistreated by his father and step mother.
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I have 2 kids & live in California
posted 28th Oct
Quoting It's Delivered:" Most states a year has to pay or substantial circumstance changes ie: he lost his job or hours were cut in half to even let you see the judge to modify child support."


yeah that's what its like here.

my husband pays a substaintial amount in child support to a woman that raped him when he was a child (whole different story!). It's over $2,000 a month now. His raise had to be more than 30% of his income for her to have grounds to take him back for a modification

and OP, just deal with it. you cant just go back and change your mind because you're mad
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I have 1 child & live in Boston, Massachusetts
posted 28th Oct
I also would think that the judge would realize I'm not selfish because the judge did ask if I wanted to receive back pay and I said no, that just moving forward I'd like for him to pay. Another thing that I forgot to add is the judge first ordered $873 a month then when my ex threw a fit I said I can work with$650. Then Thursday I lowered it from $650 to $450.
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I have 2 kids & live in California
posted 28th Oct
<blockquote><b>Quoting Ranete:</b>" I can see why they can take it as me being selfish, but I did feel pressured. I knew in reality that ... [snip!] ... start therapy with our son because I had evidence that proved that my son was being mistreated by his father and step mother."</blockquote>



They are not going to take all that history into consideration. The court is MOST LIKELY going to see, hey you jus agreed to this, what is your problem? If they even take your issue into consideration, they are going to ask you if you were under any legit duress, and if not then they probably will not grant you your request. Also, were your attorney's present at the mediation?
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I'm due June 1st (a girl), have 1 child & live in La Grange, North Carolina
posted 28th Oct
I have primary custody. He sees his dad Tuesdays and Thursdays from 3pm to 5pm. And Sundays from 12pm to 5pm. And once our son and his therapist feels ready for overnights, it will be every other weekend. My ex works 40hrs a week and makes $25.00 an hour. I work 40hrs at $19.50 an hour.
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I have 2 kids & live in California
posted 28th Oct
<blockquote><b>Quoting Ranete:</b>" I also would think that the judge would realize I'm not selfish because the judge did ask if I wanted ... [snip!] ... ordered $873 a month then when my ex threw a fit I said I can work with$650. Then Thursday I lowered it from $650 to $450."</blockquote>




But the issue is, you agreed to this, you came up with your own compromise. I mean hey, you might get a favorable judge, but from what I know about family court is that you probably will not.
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I'm due June 1st (a girl), have 1 child & live in La Grange, North Carolina
posted 28th Oct
<blockquote><b>Quoting Ranete:</b>" I have primary custody. He sees his dad Tuesdays and Thursdays from 3pm to 5pm. And Sundays from 12pm ... [snip!] ... overnights, it will be every other weekend. My ex works 40hrs a week and makes $25.00 an hour. I work 40hrs at $19.50 an hour."</blockquote>




Does your ex have other children? You have other children right?
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I'm due June 1st (a girl), have 1 child & live in La Grange, North Carolina
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