Going to CS mediation

[WI_Dad]

What is the name of your state (only U.S. law)? WI

Hi. my wife normally posts for me here. she is Non-Mom. But she thought I would get better/more advice if I posted here myself.

My ex and i went to mediation a couple of months ago to change the CO to be 50/50 custody and placement with my home being primary residence. i filed for a review of the CS thinking that it should be decreased based on the fact that income is lower than it was at the last review and because I have my daughter more. i informed my ex that I had asked for the review (dont know why i did that, as a courtesy i guess).

And now my ex quit her job. My daughter told me that her mom babysits kids in her house. Sure enough i found an ad in our local paper for babysitting services with her cell phone as the contact number so i saved the newspaper. my ex is saying that CS will not be decreased since she does not have a job. i say that it will be decreased since she voluntarily quit her job and i have proof that she is seeking cash employment.

i am currently paying $135/week in CS. my wife showed me some online CS calculators, and they show that i should be paying about $90 a week even with her income being $0. i also pay for ALL of my daughter's school fees, extra activities, etc as well as keep a full wardrobe and room for her at my home. so basically, I am spending just as much on raising my daughter (if not more) as mom is.

My question is what do you think my chances are of CS being reduced? Should i request that my ex and i go into mediation for the CS? or should i just let the review go through and see what happens? thanx in advance.

 

[Zephyr]

I have seen very few times where cs is mediated, mediators are not educated about the cs guidelines or rules- so you could mediate an agreement that is not compliant with the law and would not be approved by the judge.

 

[WI_Dad]

Thank you

interesting....thanks for the heads up. A friend of mine was the one who suggested contacting our countys confict resolution center for mediation but it sounds like it would be better to let the CS office do their review. thanx again!

Jeff

 

[WI_Dad]

One more question

when the CS office reviews my case - or any case - where do they get the income information from? Last years taxes? my ex filed for a CS increase earlier this year and i was not contacted about my income. so i am wondering if they will even know that my ex quit her job and has no reported income. thanx

Jeff

 

[Zephyr]

when the CS office reviews my case - or any case - where do they get the income information from? Last years taxes? my ex filed for a CS increase earlier this year and i was not contacted about my income. so i am wondering if they will even know that my ex quit her job and has no reported income. thanx

Jeff

To my knowledge, when one of the parties requests a review or modification, but sides must submit current financial information. You haven't been sent anything requesting that information?

 

[WI_Dad]

i did not submit any financial stuff. only the affidavit to show cause. that was a couple weeks ago. when my ex filed for the decrease, i wasnt contacted. i just got a letter in mail saying that her request had been denyed.

 

[Zephyr]

i did not submit any financial stuff. only the affidavit to show cause. that was a couple weeks ago. when my ex filed for the decrease, i wasnt contacted. i just got a letter in mail saying that her request had been denyed.

Well that's why you weren't ask for finacials, her request was denied.

 

[WI_Dad]

should i expect to be asked for financials with the request for a decrease? will she be asked for financials?

 

[Zephyr]

should i expect to be asked for financials with the request for a decrease? will she be asked for financials?

Yes- in WI- the formula is based off the incomes of both parties- in order to alter the ordered amount, they would need to know the incomes. So if a review IS granted- you both will be asked for financial information.

Just in case you don't already have it...Wisconsin Child Support Calculator

 

[WI_Dad]

ohhhhh....

okay, now i get it. i wasnt asked for financials b4 because her request for a review was denyed. i thought the paper i got meant that they did do a review and her request for an increase was denyed.

so - hopeflly the CS office with review my case since i checked the box on the show cause document that says the review is being request becuase the minor childs primary residence is now my house instead of my ex's house.

if they do review my case and they ask for financials my ex will report that she makes $0. on the show cause paper, in the place for facts regarding the review i wrote that ex voluntarily quit her job and now works for cash. will this be enough for them to investigate her employment status? or will they just go by what she says on her financial form? or is there another way i can alert the CS office of the situation?

thanks for your help. this has been great feedback.

 

[Zephyr]

if they do review my case and they ask for financials my ex will report that she makes $0. on the show cause paper, in the place for facts regarding the review i wrote that ex voluntarily quit her job and now works for cash. will this be enough for them to investigate her employment status? or will they just go by what she says on her financial form? or is there another way i can alert the CS office of the situation?

thanks for your help. this has been great feedback.

I do not think CSEA can input an income to her, the judge may have to do that, but yes, make csea, and the judge if/when you get that far aware of her voluntary underemployment.

Any proof you have of this cash job, should be brought to court with you (4 copies- one for you, one for her, one for the judge and one for CSEA- basically all the parties at the hearing)

Do you have an attorney?

 

[WI_Dad]

no lawyer here. i did the mediation for custody just myself and it went ok. do you think i need one for this situation? i know it cant hurt but nobody has xtra $$$ these days you know?

if csea does a review, will this for sure go in front of a judge? then i probably would get a lawyer.

 

[Zephyr]

no lawyer here. i did the mediation for custody just myself and it went ok. do you think i need one for this situation? i know it cant hurt but nobody has xtra $$$ these days you know?

if csea does a review, will this for sure go in front of a judge? then i probably would get a lawyer.

You don't need an attorney, if either one of you disagree with the amount that csea comes up with, that is when whoever is disagreeing would go through the process to have it determined by the judge. If you both are ok with what csea comes up with- then...no judge.