I have 4 children i pay support for over the last 10 years. I also have a 3 year old son from another realtionship. The father of my 3 year old son is in prison for child abuse and stalking and i recently lost everything including my car and my home when me and my 3 year old son recently entered a domestic violence shelter and started a full identity change inefforts to remai hidden should his father get out of prison. Im barely getting back on my feet and just got an order to show up for a hearing to review my child support that i pay for my older children.
Help? I have nothing , i lost everything and live in a room i rent on the floor with my son and i walk to work...can they really increase my.child support?
They will only increase the obligation should the facts warrant the same. Most likely they are seeking to adjust the order so that it is an appropriate guideline order based on what the facts and circumstances happen to be now as oppose to what they were when the order was originally issued. Your situation has obviously changed, not the least of which is that you now have another child that is in your home for which you should be entitled to a hardship deduction prior to the determination of what support is owed for your 4 other children. If you do not like what you are told is your new obligation, take the matter to hearing and request that the Court deviate down from the guideline amount. Be prepared to show the Court why it should deviate and what your true expenses happen to be as well as the income you have to meet them. Do not expect a huge gift from the Court however as you have 4 other children who are entitled to your support and the math alone on such an order can easily be more then 50% of your net disposable income.
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Child support is based on custodial time, income etc. They can only increase your child support if there has been an increase in income or the other parent now has more custodial time.
This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.
Contact a family law attorney and schedule a consultation immediately. Many attorneys offer free consultations or at a minimal charge.
You need specific advice based on more facts.
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I agree that you need to be able to provide more facts than you have for any of us to be able to give you an answer. Keep this in mind -- Your ex would not be the first person who brought an ill-conceived RFO to increase support only to end up with less or even having to pay. Go see a lawyer -- you may be pleasantly surprised.
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