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Depends on the amount of the difference and any arguments of rebuttable presumption he may have.
Depends on the amount of the difference and any arguments of rebuttable presumption he may have.
In Massachusetts, any source of financial gain is considered. In other states, this would need to be addressed as a rebuttable presumption.
It would have no affect as regards the primary amount paid by the obligor, but it would affect any extras, such as day care, so it could be presented as a rebuttable presumption. see links
First, you need to know that the child support guidelines are not set in stone. There is a Rebuttable Presumption.1988 Public Law RecordSEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)of the Social Security Act is amended-(1) by inserting (1) after (b):(2) by striking, "but need not be binding upon such judges or other officials;" and(3) by adding at the end the following new paragraph:(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."Using a Rebuttable Presumption argument is not something that can easily be done Pro Se, so you will need to determine if the cost of an attorney to plead the case is going to run more than any savings from a reduction.In ascertaining whether you have a possibility of an adjustment, based on a valid reduction of income, you might check your state's web site for a Child Support Calculator. A minimum of 20% change in the payment if considered a Change of Circumstance to warrant a filing. See link below.If your state doesn't have a web site for this, You will need to get a copy of the Child Support Guidelines & Worksheet to do the calculations, and for the filing.If you determine a need to for a modification, and you are current in your support, you can an official request for a modification at the Child Support Enforcement Officeunder the provisions of Public Law 12.If there are arrears, contact the Clerk of the Court and request forms for filing for a modification Pro Se and follow the directions for filing.NEVER pay your child support directly to the mother as it can be considered a gift and not Child Support. Always pay threw the court.If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you'll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do.
Depending on the state, up to 20% (California) of your income can be used in the calculations, BUT........ SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS. (A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b) of the Social Security Act is amended- (1) by inserting (1) after (b): (2) by striking, "but need not be binding upon such judges or other officials;" and (3) by adding at the end the following new paragraph: (4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case." If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you'll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do
Presumption has more than one meaning. Here are two examples:It is the ultimate presumption [arrogance] to assert that any one group of people is inherently superior to any other.The presumption [belief] that God exists is more difficult to dispute on a starry night.
Yes, temperatures change all the time
Any time stress causes rocks to change, deformation occurs.
I know any gradual change over a long period of time is evolution
Acceleration is any change in velocity during a length of time.
Any time stress causes rocks to change, deformation occurs.