If a judge calculated child support with the wrong numbers, how do I go about fixing it?

Question

Basically we had our child support court hearing, during the hearing they ask for both parties pay. My ex wife said she used worked at Wendy's for 7.25 an hour part time, but since then aquired a new job earnings 11.00 an hour working full time. She even presented a pay stub from her new job to the judge. It's now a few weeks later and I just received the order in the mail. According to my attorneys calculations the judge calculated the support not with her $11 an hour job, but with her old $7.25 jobs she hasn't worked in months. I know a can appeal the order, but that would cost me even more money I don't have. I don't agree with having to go back to court and drop more money for a blatant mistake the courts made. Is their anything I can do or my attorney can do without going back to court?

Answer 1

If you have an attorney, talk with your attorney.



If you want anything modified, it's going to have to go through the court again.



You likely can obtain a copy of the worksheets or spreadsheets the court uses to calculate support. Using those, you can determine how much you expect the support to change. You can then determine how much it's worth fighting over right now, and how much you might just save it to mention when bigger modifications need to be made. (I'm expecting you or your attorney already have a copy of something, since the attorney is able to calculate that the old figure was used.)



In some cases, you may be able to come to an out of court agreement with the other party that they take modified support. Again, if you can use the court's worksheets to show what it would be if you went back to court with the new figure, they may be willing to go along with it painlessly.



In general, the court isn't going to want you coming back every time somebody gets a 25 cent raise. So it's good if you can sit down and do some calculations to figure out if this really is worth going back to court again if that's what it comes to.

Answer 2

Does she pay you, or do you pay her child support? Your share doesn't change unless your income changes.

It's supposed to be about half of the cost of raising the child for each of you. Her increase in salary doesn't mean the cost of your share of raising the child is less. If she made a thousand dollars an hour would that mean you don't have to pay anything to support your child?

Answer 3

Have a lawyer file a motion to have a re-trial, asking the court to review the case. Make sure the lawyer has the proper documents, showing how much you make. They usually calculate child support based on what you make. For example, they can not force you to pay one hundred percent of your income, because you have to eat, too. They usually go up to about half your income, at max. It depends on your income. If you make 300 dollars per week, which is about 1,200 per month, you might be told to pay between 300 and 500 dollars. That's about one to one and a half pay checks per month. But, if you make 2,500 per month, they may have you pay about 1,000 or 1,250 per month. But, if you only make about 500 per month, they may only require you to pay 100 per month. Or, 150 per month. It depends on your income. So, if you make nothing, you have nothing to pay with, so the mother is told to bring you back to court when you get a job. But, get a lawyer, and have the lawyer file to ask the court to look over your first child support trial to reconsider.

Answer 4

?? Of course there isn't. Any change has to go through the court. Yes, you have to pay, the court can't/won't.



Anything that is before the courts has to be processed before those same courts, that' just the way it works.

Answer 5

Your lawyer need to file a motion for a court hearing and maybe a modified court order.

Answer 6

Your Attorney should know what he can and can't do since no a one of us was in court. It will take you going back to court or your Atty handling it with the Judge. Whether you agree with it or not that is the process.

Answer 7

you need to get a lawyer immediately and go back to court.



Good Luck

Answer 8

figur, cort cost are 325 and your lawyer is 150 per hour....get 3 hours of legal advice

Answer 9

Talk to your lawyer, but you should be able to file a motion to modify the order.

Answer 10

Have to go back to court.

Answer 11

lawyer needed.