Modifying CS

[KansasPrincess]

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

Recently, my ex (dad of my eldest two) requested my pay stubs from August 2010 through August 2011, cost of health insurance on the children, and cost of day care/after school care for them. I know he wants CS redone. He was out of work from April 2010 through April 2011. He never filed with the court then to have it lowered, and since he regained employment, CSE has been garnishing his pay checks.

My first question: When we redo the CS worksheet, can I add (or actually change with a motion to modify) something from our divorce decree? I want to be able to claim our eldest child on my taxes instead of him claiming her. As it is now, he claims her and I claim our son every year, but I have to sign an 8832 he can file with his taxes. On the KS CS worksheet, there's a spot that I could give him a tax consideration if he doesn't claim either child. I would like to do that and he have the monthly break and me claim her each year. As it stands, he claims 10 dependents on his W4 so they take as little money from his check as possible, then he owes the IRS each year. He's ~$15K in arrears, but CSE can't take his taxes because the IRS takes it first (which I understand completely).

My second question: With him being out of work for a year, refusing to apply to any job that isn't within his skill set (paramedic), and saying he has too much pride to go work at McD's or the like, do you think my chances are decent to have his wages imputed on what he's proven he can make rather than what he is making? Or do you think because it took him so long to acquire employment, they would say that was all he was capable of earning now?

All thoughts and suggestions are welcome!

 

[mistoffolees]

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

Recently, my ex (dad of my eldest two) requested my pay stubs from August 2010 through August 2011, cost of health insurance on the children, and cost of day care/after school care for them. I know he wants CS redone. He was out of work from April 2010 through April 2011. He never filed with the court then to have it lowered, and since he regained employment, CSE has been garnishing his pay checks.

My first question: When we redo the CS worksheet, can I add (or actually change with a motion to modify) something from our divorce decree? I want to be able to claim our eldest child on my taxes instead of him claiming her. As it is now, he claims her and I claim our son every year, but I have to sign an 8832 he can file with his taxes. On the KS CS worksheet, there's a spot that I could give him a tax consideration if he doesn't claim either child. I would like to do that and he have the monthly break and me claim her each year. As it stands, he claims 10 dependents on his W4 so they take as little money from his check as possible, then he owes the IRS each year. He's ~$15K in arrears, but CSE can't take his taxes because the IRS takes it first (which I understand completely).

You would not ordinarily get the tax deduction changed in a cs modification hearing. They are unrelated issues. In order to change something in the divorce decree (i.e., the tax deduction), you need to have a change of circumstances to justify reconsidering the matter. Now, if ex has a lot of arrears, that MIGHT be a sufficient change of circumstances, but it's really up to the judge. Ask a local attorney how they think your judge would react.

What does the state say about seizing his bank accounts to pay the arrears?

My second question: With him being out of work for a year, refusing to apply to any job that isn't within his skill set (paramedic), and saying he has too much pride to go work at McD's or the like, do you think my chances are decent to have his wages imputed on what he's proven he can make rather than what he is making? Or do you think because it took him so long to acquire employment, they would say that was all he was capable of earning now?

It is certainly reasonable for someone to only look for suitable jobs. The court might not require a doctor to take a job at Walmart, for example (which is actually reasonable because few companies will ever hire someone so vastly overqualified). I've dealt with that problem. Saying "you should take any job that comes along" is reasonable, but when you can't even get an interview because of your qualifications, it's hard to do that. Do you really think McD's wants to spend the time hiring and training someone who is going to be disgruntled from the start and who is certainly going to bolt if a better job comes along next week?

That said, the court may well impute income at minimum wage. If you can prove that there are paramedic jobs available and he simply hasn't applied, then the court might impute a paramedic's income, although that's less common.

 

[nextwife]

Misto is correct. Employers don't wish to "waste time" training an overqualified employee whom they are certain will not stay. Or who is likely used to earning more than the person who may be managing them is earning. It doesn't work.

Lots of people say "WalMart is always" hiring, or "McDonalds always has openings" but these businesses really don't WANT to hire someone like your ex, who they believe will not be happy in the job, when there are so many other potential hires who would be more likely to stay.

 

[KansasPrincess]

You would not ordinarily get the tax deduction changed in a cs modification hearing. They are unrelated issues. In order to change something in the divorce decree (i.e., the tax deduction), you need to have a change of circumstances to justify reconsidering the matter. Now, if ex has a lot of arrears, that MIGHT be a sufficient change of circumstances, but it's really up to the judge. Ask a local attorney how they think your judge would react.

What does the state say about seizing his bank accounts to pay the arrears?

That's kind of what I figured, but I think when we go back I'll go ahead and submit the paperwork to change it. Worst case, the judge says no.

Kansas statute is as follows for bank accounts:

Freeze & Seize Bank Account, Administrative Financial Institution Data Match (FIDM)
CSSD may use the Administrative Financial Institution Data Match (FIDM) enforcement tool to collect past-due child support. FIDM allows CSSD to freeze and seize Non-Custodial Parent’s bank accounts where the Non-Custodial Parent:
Does not pay child support directly from his or her paycheck and the account contains at least twice the monthly child support amount; or
Does pay child support from his or her paycheck but owes $5,000 or more in child support arrears and there is at least $2,5000 in his or her bank account.

Child Support Services Division: Enforcement Tools

CSE does take support directly from his paycheck, so the first one wouldn't apply. I'm fairly certain he doesn't have anywhere close to $25,000 in his account, so the second one wouldn't apply.

I guess the thing that irritates me most about CS is that while he was unemployed, he found a way to pay for his cell phone, internet, and who knows what other non-essential items each month, but never sent anything in regards to CS. I know for a fact he paid them because he has the kids' cell phone on his plan; it was never disconnected. They have web visits each week; he never missed one, and he was always at home. Because he had wages from Jan. 2010 through Apr. 2010, I had to sign our daughter over for his taxes. It would have added about $1,500 to my refund. Not receiving CS, it would have been nice to get that money.

I know he doesn't pay rent or have to buy food... after our divorce, he moved back in with his parents. I know they have a hard time, as well, and will NOT pay for his "luxury bills" (as they call them). His parents are old and never would pay for the internet... they don't even have a computer.

It is certainly reasonable for someone to only look for suitable jobs. The court might not require a doctor to take a job at Walmart, for example (which is actually reasonable because few companies will ever hire someone so vastly overqualified). I've dealt with that problem. Saying "you should take any job that comes along" is reasonable, but when you can't even get an interview because of your qualifications, it's hard to do that. Do you really think McD's wants to spend the time hiring and training someone who is going to be disgruntled from the start and who is certainly going to bolt if a better job comes along next week?

That said, the court may well impute income at minimum wage. If you can prove that there are paramedic jobs available and he simply hasn't applied, then the court might impute a paramedic's income, although that's less common.

That's understandable. I've just seen other posts about people being voluntarily underemployed and they have their potential earnings imputed instead of using current earnings. I was just curious on what your thoughts on it were.

Thanks so much for the replies... they're extremely helpful!