Tuesday, August 24, 2010

Why is my ex-husband allowed to claim a hardship with the DCSS?

I live on my own with our 3 kids. He has 2 children with his girlfriend but they (all) live with his parents. Shouldn't I get the hardship since I'm on my own?Why is my ex-husband allowed to claim a hardship with the DCSS?
Request a hearing through DCSS. Even though they have the authority to collect child support, they do not have the arbitrary authority to unilaterally determine the amount of child support. Most people don't realize this. DCSS and other state child support agencies don't really have as much power as they would like to believe. The majority of their ';agents'; have absolutely no legal experience. Regardless of what anyone else may tell you, if you are not in agreement with the decision DCSS makes, you have the right to have a judge hear your child support case.





Some states do make an allowance for other children. The difference in child support is usually not much though, 1-5%. In some states, this only applies to children born BEFORE the original child support order was issued (as in, children from a previous relationship). The reason subsequent children don't always count is because the parent knew they had other children to support before they went out and created more. If they can't adequately support the ones they already have, they have no business having more.





The best thing you can do is learn your states child support laws. Google ';Child Support Code';. If there are specific things in the code you don't understand, come back and ask specific questions about those. Having a good grasp on the laws will put you one step ahead DCSS, as most of them only know what they were taught in training.Why is my ex-husband allowed to claim a hardship with the DCSS?
Doesn't matter where he lives, if he has 2 other kids to support, they will take that into account.





And lower his support.





Really, you shouldn't try going after a little increase in support. You'll probably lose more in legal fee's, than you'll ever gain back in the extra 100-150$ a month you'll get more.





Also, i dont know your situation, but try to understand your husband's situation, he still wants to have a life of his own, and the fact that he's living with his parents show's that he probably doesn't have enough money to pay any more support.
Depends on state law, and what your court order says, if you have one.... if you don't, you should get one. Hire a lawyer to handle this for you.





If you cannot afford an attorney, look for a legal services organization in your area. Single moms are often eligible for free lawyers, but you might have to get on a waiting list.





Start with contacting your state or local bar association for guidance.... They can tell you where to start looking....
Child Support is based on the non-custodial parents ability to pay. If he is a dead beat, lazy bum now he would also be if he was at home, and thus have the same income.





Maybe he has no income for a legitimate reason.
I feel for you, but where he lives isn't the only factor they take into account when granting hardship status. The will also take into consideration how much he makes, other children he supports, medical expenses, etc.

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