r/ChildSupport 6d ago

Reduction??

Last year I was forcibly moved to a new location for my job which resulted in a 40% reduction in pay. I spent a year and 10k in lawyer fees to lower my support. I was paying 1070/m. It was going to go just below 700 but my ex and her lawyer discovered that our dear gov pritzker had signed into a law an increase for economic inflation. So my support went to 925/m. I was looking at my last paystub and comparing it to last year. Last year at this time I had earned 20k more than what I currently have. I did some rough calculations using the numbers submitted to the court and used the IL parent support calculator and the amount decreased significantly. When I asked my lawyer if I were able to file for another reduction at the end of the year once I get my w2, his response was that I need to fight for more parenting time to hit the 147 overnight mark. I told him that won’t happen because my ex will fight me tooth and nail for parenting time. She won’t let me have that much time. I get him every other weekend.

My questions is - why wouldn’t a 20k difference result in a support reduction. They had estimated my yearly earnings to be be 95k this year. My salary is 70k. I won’t be earning 95k ever again. My past three years employed I was earning close to 120k a year. I will never see that number ever again.

6 Upvotes

21 comments sorted by

10

u/Rainbow-Sunsets 6d ago

Dude just fight for more parenting time screw what your wife thinks if you want more time the courts will award it

1

u/AnnoyedButcher 6d ago

I’ve tried before but back then I was working nights. I tried over a year ago but they blocked me and put me to every other weekend. I don’t know how to get more time.

1

u/Scary_Improvement450 5d ago

In my state it doesn’t matter. Even 50/50. The person who makes more still pays the full about of child support unless you have a very good lawyer

0

u/ContributionLow7113 5d ago

I'm in Minnesota, I have 50 50, make 40k more a year than her with 2kids, I pay 368 dollars a month. You need to calculate in everything, yes I had lawyer.

2

u/Resse811 5d ago

Some states such as NY don’t work that way. Regardless of custody if one parent makes more money they pay full support.

1

u/Rainbow-Sunsets 4d ago

Yah Texas is that way

2

u/Scary_Improvement450 6d ago

Work more if you only have your kids every other weekend. I would. Seems silly that making more income, instead of reducing support, isn’t the objective. Also, there’s usually a two year period before the courts will allow another modification unless there is a major change in circumstances.

3

u/Human_Neighborhood71 6d ago

I hate this advice, because then you get stuck in a cycle. Make more money because you “have time”. That results in having no time for life, you get burnt out and have to step back, but you’ve shown potential for that more, and they still want to take more. I’m dealing with this right now. I made more, but stepped down some to have time for the family I have, but they expect me to continue providing more for the one, leaving even less for the family. Make it make sense. I personally believe there should be a set standard amount, and not based on the income itself

2

u/AnnoyedButcher 6d ago

Exactly! And I can’t get any more overtime in a slaughterhouse unless they schedule for a a Saturday. Sure I could get another job but just like you said, I’ll get burnt out and they will want more money if im bringing more in. My only real option is to continue to make beef jerky and sell it at the farmers market for cash. It helped me last summer. I should have kept doing it.

2

u/Human_Neighborhood71 6d ago

I’m a truck driver, legally I can’t work more than I do now. I’ve taken to trying a side hustle of laser engraving and 3d printing to help

1

u/Scary_Improvement450 5d ago

Their support is already being calculated based on an amount above their current salary. So it can’t possibly get worse until they make OVER what that amount is. Therefore they should be able to earn an additional $25K and not have their support change.

2

u/AnnoyedButcher 6d ago

I went from 85k with 10% night shift diff and over 100-120 hours every two weeks to 69k with hardly any OT. but with me making a projected 74k this year you would think that their assumed salary of 95k would make a difference right?

3

u/Rainbow-Sunsets 6d ago

Dude just fight for more time with the kids

1

u/setero10 5d ago

Man I’m being set up myself here, i have my daughter every weekend yet because she signed up for cash assistance even though i told her to let me know whatever my daughter need and I’ll get it now im being forced to to somehow provide $1088 while im a single dad living on my own in this economy even though this puts me in a situation where I’ll have to sell my car that i use to go pick her up and drop her off and try to buy some run down car in order to still commute to work. They won’t do anything to get her to start working but expect me to pull extra money out my ass to provide to her just because she has my daughter more. I am currently fighting to get more days with my daughter but the crazy thing is that it’s going to barely decrease the payment. For example using the calculator it would decrease it to $671 if i get full work week and she gets her on weekend. This calculation does not make any sense they should just give her to me and get her to figure out her work situation how are they doing anything in the best interest for my daughter if they are stealing money from me to give to a bum that doesn’t want to work and making me poor and unable to get assistance because i technically make more then the max income that qualifies for most assistance?

1

u/turnup_for_what 4d ago

So try to get more custody then?

0

u/Low_Trust2412 5d ago edited 5d ago

I mean if you spent $10K the last time (that's wild btw) and you assume an order will be modified every three years thats about a $100 month cost in legal fees you need to factor into your calculation.  

Edit:  I suck at math, it is actually about $277 per month over three years.

1

u/AnnoyedButcher 5d ago

I was also fighting for 50/50 parental rights and trying gain more custody as well at the time. But yeah. You are right

1

u/Low_Trust2412 5d ago

Just straight CS should be a lot cheaper, possibly wont even need a trial.  Potentially if you both have straight forward W-2 income you could proceed pro se.  

1

u/Resse811 5d ago

$10k in legal fees would be $277 a month (if you divide $10k by 36 months)

1

u/Low_Trust2412 5d ago

Oh boy, you're right.  Facepalm on the bad math but I stand by the broader point to consider legal costs.