Modification to Child Support

[Babbs3052]

When my ex and I divorced (uncontested), he agreed to give $1,000 a month child support until our daughter turned 19 regardless of his employment status (it's stated this way on the first page of our decree as the reason we did not use Rule 32 to determine child support amount).    At the time of our divorce, I was a full-time student with only 5 classes left to take.  I am now employed making $63K a year.  His combined income (retired military + current job) at the time of our divorce was about $180,000, and I expect it's about the same.  He is in contempt of our decree because he pays me less of his military check than the decree states.  I told him I would take him to court if he didn't start paying what was agreed to in the decree, and he said that if I did that, he would request a modification to child support.  He figured the amount would drop by $300 a month.   What is the likelihood that the judge would use the charts since our combined is over $240,000 a year?

He has also threatened to quit work so that he could get child support reduced based on only his retired income.  He's 55 years old.  Would a judge use just his retired check as his only source of income when he is still young enough and capable of working?  He's been retired from the military since 1999 and working ever since.

 

[livealittle]

go check out Lee's site on the "under employed" part of child support....also.....until it is modified, he is required by law to go by the decree...just my 2 cents.

[anniewalker]

Aren't bitter ex spouses great?  They threaten to charge with you contempt if you show up 5 minutes late with the kids, threaten to quit work if you try to raise child support, threaten to call DHR if you allow the oldest to get her ears peirced, etc. etc. etc.

An ex's threats are just that - THREATS.  First, the judge can't use the tables because ya'll make too much darn money.  Now if the judge wanted to extrapoliate (I have a degree in Economics, that is what we do - extrapoliate data to fit situations that it wasn't meant to fit) then the amount for one child, according to MY calculations would be $1502 per month total - $1125 from him.  Or the judge can say "the max amount is $992 and I don't care if you make a million bucks a year, that is the most it should be" and that is where your ex's figure of $744 would come in.

Now, would a judge void your existing agreement?  Maybe.  But you also have some arrearage that he'd need to pay also and arrears in AL with 12% interest per year.   

If he doesn't pay, then I say "take him to court on contempt".  I think he's threatening you to try and intimidate you not to take legal action so he can continue not to pay

[Babbs3052]

Yes, bitter ex's are a pain for sure.  What's odd is he's the one who cheated and remarried within 2 months of our divorce.  That was four years ago, and I wish he would just try to do what is best for our daughter, follow our decree, and mind his own business.   He's a control freak and feels this is where the problem lies.   

My attorney and I came up with similar numbers when we extrapoliated from the table.  My judge is Billy Bell.  Does anyone have experience with him with joint incomes that fall outside the table?