Trying to lower my owed support, please help.
by Joe
(Delaware)
I am a proud father to my 3 yr old son. He happened from a one night stand and have been in his life and paid child support since day one. However, things are getting out of hand now that we have to pay inside the courts.
I was ordered to pay inside the court system once the mother of our son and the CP asked for purchase of care/ help from the state for child support.
We went to mediation, I was ordered an astronomical $1,000 monthly support and disagreed and took the case in front of the commissioner.
So 2 weeks ago I sat in front of the commissioner to try to have my support obligation reviewed and possibly lowered. They lowered it $75 but that was because my son is now potty trained and the daycare was slightly less.
However, I have the right to appeal it and want to know if I have a potential case for me to make an appeal with the following facts??
-The courts used my year to date earnings, I did considerably better in the first half of the year. Since then, business has been suffering badly and I am on 100% commission.
-The only reason we're now paying inside the court system is because she has been receiving "Purchase of care" from the state to help with day care.
So the DCSE(Division of Child Support Enforcement) appointed her with a lawyer that asked the commissioner to make her PART TIME (3 days a week) job EQUAL to a full time 5 days a week job. I think this is something I can run with, but not sure.
-She has our son in Daycare 5 days a week (he's 3 yrs old) from 9am - 5 pm while she only works 3 days a week. I think this is healthy for our son to have such long days at such a young age. This is also driving up my child support obligation.
Anyone have suggestions here, think I could make an appeal with any of the above info and have any success??
Thanks again in advance for any help!