After 2 years of constant harrassment..withholding my kids and breaking the agreement she filed for modification based on needing money toward her husbands car payment because they choose to let my daughter drive it against my judgement. Also for cell phones that are also in their names. I did not authorize a contract phone for my daughters. Will they increase the payment for support based on this? The child i have with my wife pays for his car. As do the other 5 in the home.
There is nothing in the law that allows for an increase in child support so a child can afford a car or cell phone. It is based entirely on the support percentage set for in the child support standards act, with add ons for shares of uncovered medical expenses or day care. If she is violating your agreement you have the right to file a violation petition to enforce the agreement and hold her in contempt. You should consider consulting with a local attorney to try to straighten this out.
She will have to ask for a modification for the right reason, not for a car or a cell phone.
This information does not constitute Attorney-Client Privilege. Please speak with an attorney before representing yourself in Court, even if its just an in person consult.
There is nothing in your post that leads me to believe she will be successful in obtaining an upward modification. But, it is what she states in her petition that really matters.
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