How Do I Properly Contest A Child Support Adjustment

by Scott
(Iowa)

Recently, my son’s mother requested a review of the child support. She did this within a few months of getting married to a man she has lived with for 5 years. When the court reviewed our case they only received her last year’s income tax statement which she was fired from 2 jobs and only made a small amount. Now she is gainfully employed and married to a man who makes more than I do. She also is to be paying for full coverage insurance according to the state of Iowa and our legal agreement but to my knowledge she never has. She has often asked for money to cover doctor bills which her insurance would possibly have covered had she had insurance.

Also, she recently acquired a passport for my son to leave the country and they plan on going soon on vacation. I was not informed about the passport until it arrived...and I was informed by my son not her. I am not on the birth certificate and she circumvented the court papers which state I have joint legal custody by only using his birth certificate and not informing the State Department of our joint legal custody. I might add that I am not concerned that she will not return from the trip as I feel that she would never do this to our son.

Back to the child suppot. When they reviewed the child support it jumped nearly 200 dollars a month based on our incomes from the previous year when she was unemployed and not married, and which I had worked a lot of overtime which is not normal and so my income was much higher than even this year with a pay raise since tax time.

I was under the impression that now that she is married she carries a 2 income household and that the court should adjust based on what we make and not what we made prior to gaining employment or having overtime raise my gross income for only that year. I feel this whole situation has been calculated unfairly and wanted to know if there is some way for me to counter what I feel is an attack.

Comments for How Do I Properly Contest A Child Support Adjustment

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Who handled the case
by: Child Support America Team Member

Scott,

Before we can advise you on this, we have a question. Was the child support adjustment increase made through the enforcement agency or the actual court system. And if it was through the courts did you have an attorney on this case. Please respond via this post.



Thanks,

CSA STAFF

Reply
by: Scott

The adjustment was made through the child support agency.

In the original letter they stated they would be able to adjust payment for child support and cause either parent to adjust the medical insurance coverage, but the latest reply I have with the $200 adjustment states that they cannot do anything to adjust her insurance. So, are these agencies biased against father's who stick their necks out and actually do what they are supposed to be doing? I honestly don't know anyone who pays as much child support as I do currently, and now I will be paying almost $600 a month plus nearly $200 for full medical insurance. I literally cannot afford this. I only make about 37K a year and currently have to live with my brother just to make this bills. This is going to break me.
If there is anyone I can turn to for help I would be very gratefull. As I stated, they are basing this off of last years W2 forms and she was fired 2 times and probably only worked about 6 months out of that year. So this is very convenient for her. It shows me make 3 dollars to her 1 dollar which just isn't the current case. She is well employed now and probably makes about 30K at present. Can I petition them to go off of current monthly gross income?

modifications and appeals
by: Anonymous

Scott,

In any child support case, either parent can ask for an adjustment review. There's a form you have to fill out. You may be able to find it on their site to print out or you can go to the support office and ask for one. Call first, you may be able to just write them a letter asking for a review. How long has it been since the last modification, usually 30-90 days is the requirement but if it's more recent you can appeal the decision and there shouldn't be an increase until the appeal is finished, but that also depends on your states child support laws.

contest child support
by: Anonymous

i want my boyfriend to pay child support, his wealthy and has alot of money am just wondering if he contested the child support on what ground does he have?

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