Archive for the ‘Child Support Increases’ Category

Child Custody And Divorce Free Legal Advice

Tuesday, April 1st, 2008
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Divorce can be among the most stressful things that can ever happen to a person. In addition to the stress, a good result or bad result in your case can have an impact that will last for literally the rest of your life. Perhaps the stress is a symptom, reflecting the fact that you, and your body and mind, recognize this fact: your world as you knew it in the past is changing, and changing forever. The stress can be managed and/or diminished, by you getting educated as to what’s happening, and what’s going to happen next. Divorce and child custody cases do have a certain rhythm, a certain procedure and pace. This page, and the ones following, are an attempt to educate you, as a consumer and potential (perhaps current) client, so you will be better informed about the divorce and child custody process.

Child Custody And Divorce Free Legal Advice

Dallas County

Tuesday, March 25th, 2008

The Family Judges of Dallas County, together with the Office of the Attorney General, announce a new program designed to provide the families of Dallas County with comprehensive, effective, and efficient child support enforcement services. The new C.A.R.E. program, which stands for “County Authority for Responsible Enforcement” began in October 2005.

Dallas County

Increase In Child Support Allowed

Wednesday, April 25th, 2007

Where respondent expressly agreed to remain obligated to pay child support if the children were enrolled as full-time students in high school or college, trial court did not err in entering order increasing child support for adult children 19 and 20 years of age who were attending college, due to inflation and the increased expenses of the children in general, including utilities and food. Falat v. Falat
Where ex-spouse changed occupations to improve his prospects for the future he was allowed a reduction in child support until the new occupation became lucrative. In re Lavelle
Evidence presented regarding a child’s increased food, clothing, baby-sitting, and preschool expenses provided sufficient grounds for the trial court’s modification of father’s child support obligation. In re Stone
Where there was no evidence to support the conclusion that respondent’s participation in a strike was motivated by a desire to jeopardize his children’s interests or to evade financial responsibility for their support, respondent participated in the strike in “good faith” and was therefore entitled to a reduction in child support reflective of his present ability to pay. Cohn v. Cohn
The court’s order increasing support by $85 per month was not an abuse of discretion, where the record was devoid of any evidence of the lifestyle of the child and testimony concerning expenses admittedly involved only guesses. Harner v. Harner
Where the financial situation of the mother required her to contribute to the children’s support, it was not equitable to require her to bear 82% of the amount of the increase in the cost of raising the children, therefore, since the father’s income and net worthy had also increased substantially the child support payment for the father was increased. In re Roth
The provision of the decree awarding possession of the marital home to the defendant was characterized as a provision for child support, and, therefore, subject to modification, based upon the fact that the children were now residing with the plaintiff, and that their use of the marital home of the parties as a residence was no longer required. Lamp v. Lamp
The record did not clearly support the amount of the increase which was awarded. In re Schmerold
A petition for an increase in child support is allowed if there has been a substantial change in circumstances and the petitioner has provided the opposing party with notice. Bayuk v. Bayuk
Where ex-husband’s income was considerably greater than wife’s and fluctuated a great deal, the modification of child support payments to be self-modifying as a percentage of his income was neither an abuse of the trial court’s discretion nor against the manifest weight of the evidence. Smith v. Smith
In a modification action, the increased needs of the children required that the father be ordered to increase his child support payments, consistent with his increased earnings; it was clearly apparent that the father could readily afford more than the amount which was ordered by the trial court and that in light of his salary supporting his own children. Spencer v. Spencer
Although some of the costs to which petitioner testified were excessive, the trial court did not abuse its discretion by awarding an increase in child support. Scott v. Scott
A decree which modified support upon the plaintiff/wife’s remarriage was upheld where there was a substantial basis in this record for the findings of the chancellor, where plaintiff, the adult daughter of the parties, and several other witnesses, corroborated the basis for the findings, and where an attorney who was friendly with both parties testified that defendant admitted the basis for the chancellor’s findings. Loeb v. Gendel

See Also: Divorce Lawyers Indianapolis

Child Support Increased Due to Ability to Pay

Tuesday, April 24th, 2007

Child support obligations may be increased pursuant to this section based upon the supporting parent’s increased ability to pay, regardless of whether the child’s needs have also increased. Wilson v. Wilson
The financial status of a divorced parent’s current spouse should not be considered in determining the ability of that spouse to fulfill his or her duty to support. In re Kessler
In assessing the children’s increased needs, it is proper to consider that they have grown older and that the cost of living has risen, but this must be balanced against the relative ability of the parents to provide for the children. In re Cooper
Child support payments must necessarily reflect a balance of the intensity of the child’s needs with the ability of the parents to provide for that need. Gentile v. Gentile