ex got a higher paying job

[shockergeek]

What is the name of your state (only U.S. law)? Ohio
Little back ground first. I petioned for an administrative review back in june...the review was done in july. Children services determined the support amount should be lowered from 1135 a month to 963 a month. This is for two children. We both turned in our incomes etc...hers showed she made less then min wage and they imputed her to min wage. My ex did not agree with the recomendation, so she asked for a review hearing. Her and her attorney said that there is an upward deviation and it should remain in place. So they appealed the decision and we now have a court date set for the end of sept.
Today im reading our local paper online and I see she has been hired as the county clerk and it also states her pay rate. Pay rate is 25,000 a yr, which is a pretty big pay raise over what she was making. She is supposed to start this job jan 1 2012.
My question is since its now public record what her salary is gonna be can children services or he judge go by this new income, or am I going to have to go through the whole process again?
My attorney is pretty confident that my cs will be reduced since an upward deviation is not mentioned on my divorce decree or on the original cs worksheet. Simply stated cs is 1135 per month plus poundage. She explained for an upward deviation it should read, cs is x amount of dollars, there is an upward deviation of x amount of dollars, and this is the reason why.

I can't get in to see my attorney for a few weeks, but just want to see what my options are beforehand.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio
Little back ground first. I petioned for an administrative review back in june...the review was done in july. Children services determined the support amount should be lowered from 1135 a month to 963 a month. This is for two children. We both turned in our incomes etc...hers showed she made less then min wage and they imputed her to min wage. My ex did not agree with the recomendation, so she asked for a review hearing. Her and her attorney said that there is an upward deviation and it should remain in place. So they appealed the decision and we now have a court date set for the end of sept.
Today im reading our local paper online and I see she has been hired as the county clerk and it also states her pay rate. Pay rate is 25,000 a yr, which is a pretty big pay raise over what she was making. She is supposed to start this job jan 1 2012.
My question is since its now public record what her salary is gonna be can children services or he judge go by this new income, or am I going to have to go through the whole process again?
My attorney is pretty confident that my cs will be reduced since an upward deviation is not mentioned on my divorce decree or on the original cs worksheet. Simply stated cs is 1135 per month plus poundage. She explained for an upward deviation it should read, cs is x amount of dollars, there is an upward deviation of x amount of dollars, and this is the reason why.

I can't get in to see my attorney for a few weeks, but just want to see what my options are beforehand.

I don't think that a judge could use figures now, for a job that is promised in January of 2012. Too much could happen between then and now.

 

[OHRoadwarrior]

You could try for a continuance if you feel it will help.

 

[shockergeek]

I misread what it said in the paper. Says she is hired in at the same pay rate of 19,000 a yr then it goes to 25,000 jan 1.

 

[tuffbrk]

Imputed at 15392 yr or 1300 mo.
New job at 19000yr or 1585 mo.
Her "raise" job at 25000yr or 2083.33 mo.

Regardless, current CS is greater than 50% of her current income. It would remain at close to 50% even at the 25000 yr.

Am I completely misunderstanding the numbers here?


(BTW I'm going to move to OH if you are guaranteed a $6000 raise in less than a year from the hire date!)

 

[shockergeek]

I pay her cs. Right now current order is 1135 plus poundage. ODJFS says it should be 963 after I requested the review. Her original income was imputed at 10900 for the yr. I requested the review because my expense reimbursment was included as income, I wasn't given credit for union dues etc. I ran the numbers on all law and it says for two kids would be 896 with her income at 19,000 and 797 at 25,000. I also pay an 870 house payment for her and the kids. So basically I am paying 2,000 a month currently.
She was hired in this new job at 19,000 and it goes to 25,000 jan 1 because of the new fiscal budget.

 

[mistoffolees]

Imputed at 15392 yr or 1300 mo.
New job at 19000yr or 1585 mo.
Her "raise" job at 25000yr or 2083.33 mo.

Regardless, current CS is greater than 50% of her current income. It would remain at close to 50% even at the 25000 yr.

Am I completely misunderstanding the numbers here?

I think you have it backwards. OP is the one paying CS. He is hoping that it will be reduced based on ex's higher income.

(BTW I'm going to move to OH if you are guaranteed a $6000 raise in less than a year from the hire date!)

It is not unusual for jobs to have one salary during the probational period and increase to a higher level after finishing probation. That appears to be the case here.

I don't think that a judge could use figures now, for a job that is promised in January of 2012. Too much could happen between then and now.

True, but the judge can easily order a review on Jan 1. For example, he could base today's CS on her current $19,000 income and then order that if her income does go to $25,000 on Jan 1 that CS would change. Or order that they come back in on Jan 1 to recalculate based on whatever might happen between now and then. Or even, I believe, order today's CS on $19 K and order that it change to a new number on Jan 1 based on $25 K unless OP fails to get the promised raise.

 

[tuffbrk]

I think you have it backwards. OP is the one paying CS. He is hoping that it will be reduced based on ex's higher income.

Well no wonder I was so confused!!! Thank you .

 

[shockergeek]

Yes it is 19,000 for the probationary period. Im assuming her boss/attorney got her the job. He is a well known attorney in town and also the city solicitor. He is also going to be running for judge. So im assuming all this played into her getting the job, as it was an elected position before, now t is an appointed position.
What im wanting to know is it possible to have her income put at the 19,000 for now to figure cs then jan 1 have it calculated at the 25,000? Or will I have to wait and go through the entire process again?
I talked with my case worker and she said that when we go to the hearing in sept. that they can do a new calculation right there, but im not sure if I need to fill a motion to have this done or not?

 

[mistoffolees]

Yes it is 19,000 for the probationary period. Im assuming her boss/attorney got her the job. He is a well known attorney in town and also the city solicitor. He is also going to be running for judge. So im assuming all this played into her getting the job, as it was an elected position before, now t is an appointed position.
What im wanting to know is it possible to have her income put at the 19,000 for now to figure cs then jan 1 have it calculated at the 25,000? Or will I have to wait and go through the entire process again?
I talked with my case worker and she said that when we go to the hearing in sept. that they can do a new calculation right there, but im not sure if I need to fill a motion to have this done or not?

What did your case worker say when you were discussing the topic?

 

[shockergeek]

What did your case worker say when you were discussing the topic?

She didn't say if I had to file a motion or not....honestly didn't think to ask. Tried calling her back but she was out of the office for the rest of the day.