I have this friend (No, really, it's not me, it's a real person-friend <img border="0" title="" alt="[Big Grin]" src="images/icons/grin.gif" /> ) who's being taken back to court becuase his XW wants to have his child support increased.

I know that most states are different, but hopefully, some of you will at least be able give some ideas. The XW lives in Iowa, and is married to a realtor. They drive
a new Suburban and a BMW 300i.... but I guess she really needs the money <img border="0" title="" alt="[Mad]" src="images/icons/mad.gif" /> . I guess the spouse's income doesn't come into consideration, even though it allows
her to not hold a very good job.

I'm looking for things that he might be able to come back with.... for instance, in their decree, he does 100% of the travel to see the kids (about 3 hours each way).
I suggested that he try to get THAT changed so that she either drives, or PAYS him to drive.

Anyone?

Thanks,
K

In Alabama the only thing that can bring about a change in the amount of child support ordered is a "material change in circumstances". And that doesn't mean the circumstances of the xw - only if the xh (or the one paying the CS) were to suddenly have a MAJOR increase in income can you go back and petition for the judge to re-hear the case.
Just because she thinks she needs more means nothing. Unless he has inherited a chunk of change or gotten a giant raise - like say he was a waiter putting himself through law school and now he is a first year associate pulling down 6 figures - that would be a material change. Your basic 5-10% merit increases most people get (if they are lucky) do not count either.
Again, this is just Alabama. And I am not an attorney.

In Alabama the only thing that can bring about a change in the amount of child support ordered is a "material change in circumstances". And that doesn't mean the circumstances of the xw - only if the xh (or the one paying the CS) were to suddenly have a MAJOR increase in income can you go back and petition for the judge to re-hear the case.
Just because she thinks she needs more means nothing. Unless he has inherited a chunk of change or gotten a giant raise - like say he was a waiter putting himself through law school and now he is a first year associate pulling down 6 figures - that would be a material change. Your basic 5-10% merit increases most people get (if they are lucky) do not count either.
Again, this is just Alabama. And I am not an attorney.

BUMP!

The support should have originally accounted for her income potential, whether she works to that level or not. Her current husband's income is not considered for child support. But, if because of his high income she takes a part-time job, goes SAHM, or takes a lower salary that does not entitle her to more support. This is based on what my lawyer told me about PA. The judge would have assigned her an income capacity, considering her education and experience, and she would be responsible to meet that. Just like your friend is responsible to meet his assigned earning capacity, in order to make his support payments.

Mostly I agree with what Wiffle said, too. But in PA, if I lost my job due to a layoff, where it was not my choice and not a firing "for cause", I could have my support reduced until my income got back up to the same level. This is a material change in circumstances like Wiffle said. It could work the other way, too. If she got laid off and can't get a job at the same income, then she could ask for more support. She needs documentation from the former employer to make that argument. Her husband's job would not matter.

Just to summarize, the support doesn't change if one party voluntarily reduces their income. If she filed for an increase, she had to have given a better reason (again, in PA). What reason does she give in the court papers?

PS - It would be nice to share the transportation costs more equitably. But if that's in a custody agreement separate from the economics agreement (as it generally would be in PA), then it's opening a new can of worms.