Does my child support have to be re-calculated? 12 Answers as of January 14, 2014

I have a new job and my ex-wife thinks child support has to be re-calculated. But my income is not more than 20%.

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James M. Chandler | James M. Chandler
It only gets re-calculated if your wife files a motion for modification of support, or you agree to a new amount and file a stipulation to the modified amount.
Answer Applies to: California
Replied: 1/14/2014
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona the test is whether or not there is a change in circumstances that would result in a 15% change in the amount of the support that is paid or received.
Answer Applies to: Arizona
Replied: 1/8/2014
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
It will only be recalculated if she files a motion to amend the support. If your income is higher than when previously calculated and her income is the same then it is not in your best interests to have it recalculated.
Answer Applies to: Virginia
Replied: 1/8/2014
Family Law & Mediation Services, LLC | Carol Jean Romine
It is not your income that has to be 20% different. It is the result of a child support calculation that has to be 20% higher or lower in order to modify the obligation. You can find a child support calculation online by googling "Indiana child support calculator."
Answer Applies to: Indiana
Replied: 1/8/2014
Law Offices of Frances Headley | Frances Headley
If you make significantly more with your new job the support should be recalculated. You can run the numbers at the state website to determine if there is a significant difference in amounts.
Answer Applies to: California
Replied: 1/8/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Only if she asks the court to recalculate it or the DHW recalculates it on an administrative basis.
    Answer Applies to: Idaho
    Replied: 1/7/2014
    Law Office of Robert E McCall | Robert McCall
    Standard is a 5% change of economics by either party.
    Answer Applies to: Florida
    Replied: 1/8/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    If income changes or expenses change, both parties would need to file Financial Affidavits with the correct data and, yes, recalculate child support. If one party declines, the other may to Court seeking an Order to require the filing of the Financial Affidavit.
    Answer Applies to: Florida
    Replied: 1/8/2014
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    The issue is not whether your income has increased by 20%. The issue is whether the child support award would go up or down by 15 % or whether there is a substantial and continuing change in circumstance.
    Answer Applies to: Arizona
    Replied: 1/8/2014
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    I generally recommend recalculating child support anytime either party's income or timeshare changes by 10% or more.
    Answer Applies to: California
    Replied: 1/8/2014
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Consult with an attorney. There are several factors that can lead to recalculating child support. The support would have to change by the percentage under the guidelines (note it's not how much more or less you earn, it's how much more or less you would pay). It also matters when your last order was entered - if it was years ago, cost of living and changes in the guidelines alone may increase the amount. An attorney could give you the range you are looking at and discuss your specific situation and factors to help keep your support amount reasonable.
    Answer Applies to: Nebraska
    Replied: 1/8/2014
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