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My ex and I have joint custody of our daughter.. He makes so…

My ex and I...

My ex and I have joint custody of our daughter.. He makes so much more money than I do but he only pays 81/month child support and she's with me I'd say97%of the time... How do I go about getting my support raised

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No, this is step 1...i just don't think it's fair.. He also gets to claim her every other year on taxes even tho she's with me

Lawyer's Assistant: Family law varies by state. What state are you in?

Utah

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3/15/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,391
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. If there is joint custody, why do you have her all the time? Does he refuse to take her?

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Customer reply replied 4 months ago
She is15 and she just doesn't like going there.. He and his wife are rarely home and when they are she says they don't really do anything with her so she'd rather be here with me.. I'm fine with that..she goes there when they go on trips or if there's a birthday or something.. He rarely even calls her or texts her and he lives only6 blocks away
Customer reply replied 4 months ago
I can't afford to pay the extra for the call.. Just trying to find out what my options are

Thank you for the reply. Yes, a motion to modify support would need to be filed. In the body of the motion, you want to explain to the Judge that even though custody is shared/joint, he rarely exercises his time/right and she is with you 97% of the time. As such, support should be modified since you have her most of the time and there is a cost for caring for her, as well. The original support was based upon 50-50 and now that you have her basically all the time, the Judge can order he pay more.

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Customer reply replied 4 months ago
Do I just go to the local courthouse to do this
Customer reply replied 4 months ago
also, if I do that could he force her to go there? What's the age a child can decide for themselves which parent they want to live with? It's not that I'm trying to just get more money I just want it more fair...

Yes, you would file with the clerk of court in the family division and they may even have the forms for you to fill out and file. There is no age when she has the final say but the Judge could listen to her preferences and wishes and consider it, if he presses this. Ideally, with the current situation, you would maybe want to modify custody and support as well. I agree with you that it is not fair and before filing anything, you should make a demand to him and see if this can be settled.

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Customer reply replied 4 months ago
OK will do, thank you for your help... Have a great day��

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 4 months ago
One more thing...does it cost allot to modify child support

No, it should not. If you retain an attorney, it could be costly but if you file on your own, it should not be. Tomorrow, you can call the clerk of court to see if/what the filing fees would be but they should be minimal.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,391
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
FamilyAnswer and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Awesome, thank you thank you

My pleasure

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