Me and my ex have a child together, he pays $750 and makes $3600 a month, this is according to the child support enforcement guidelines. We are both married to other people and have other children, I have 4 other children, he has 2 with one on the way.
He called me and told me that he might have a problem with paying his child support for a while because his wife lost her job. She used to be able to work primarily from home, now she can't and with 2 kids at home and one of the way, daycare would be really expensive so, for now at least, she will be staying at home.
I said that I didn't see how that would make a difference in child support because child support is based on what he makes, it has nothing to do with her income. Then he said that his hours will be getting cut at work as well so he will no longer be able to work overtime, well I pointed out that child support isn't based on him working overtime.
He said that he wanted to talk to me first because he was planning on talking to his attorney about getting a child support decreased but wanted to see if I would be willing to make an agreement on our own. I told him that since child support is based on what he is currently making, not overtime and not his wife's income, there is no reason that the judge would lower child support. I know some states will lower child support if the payer has more children but the state I live in does not.
I asked him what kind of break he was looking for and he said he wanted me to give him 6 months to a year off of the child support. I told him that I can't give him that much of a break but I can let him take $150 off per month for the next year and he doesn't have to pay me back until he stops paying child support when she graduated from high school. He told me that I that's not enough. I told him take it or leave it because that is what I can do. He said that am being heartless and that with him about to have 3 kids to support, he is trying to make something work. This pissed me off because apparently, his "way" to support them is to stop supporting our DD.
I just thought of something while I was typing. I told someone that child support is based on income and percentage of overnights, I had a feeling that I forgot something. I checked my order, child support is based on him having her 6 weeks a year, not 3 (he decided that he only wanted her 3 weeks a year) and yes, the change is in writing. So if he takes me back to court, he is going to owe me more money because he has her less time then the child support order says he does. Granted, it wouldn't be much, probably $45 a month but still, he would look like an ass.