The NCP is seeking CS mod while unemployed

[Sarah2011]

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

Hello -
My 10 year old son's father and I have joint legal custody, I have physical custody. I have always received regular child support, even though my son's father has changed jobs a few times and has even been unemployed for short periods of time. We do have an existing court order for visitation, child support, etc. Last year at this time, he was unemployed for about a month, but didn't file to reduce child support. This summer, he was apparently fired from his job and because we are having some other legal issues and he is upset with me, he has now filed to reduce child support. My questions are mainly procedural - do I have to reply to his request in order to dispute it? Or is a hearing automatically set? (I have read the paperwork he filed, I can't make heads or tails of it). And if child support is reduced right now because he's unemployed, can't I ask for a modification as soon as he gets a job? Also, does rental property count as income for the purposes of calculating child support? He entered a figure for his income, but then there is a line item for adjusted income that essentially zeroes out his income, and I just can't believe that's allowed. I feel that he's filed this modification mainly out of spite and not out of a true financial dilemma, but of course that's my opinion. I'd just like to avoid two separate child support hearings if possible. Doesn't a judge use minimum wage for his income, or his expected income based off his past earnings, or something like that? Thank you in advance :

 

[Ohiogal]

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

Hello -
My 10 year old son's father and I have joint legal custody, I have physical custody. I have always received regular child support, even though my son's father has changed jobs a few times and has even been unemployed for short periods of time. We do have an existing court order for visitation, child support, etc. Last year at this time, he was unemployed for about a month, but didn't file to reduce child support. This summer, he was apparently fired from his job and because we are having some other legal issues and he is upset with me, he has now filed to reduce child support. My questions are mainly procedural - do I have to reply to his request in order to dispute it? Or is a hearing automatically set? (I have read the paperwork he filed, I can't make heads or tails of it). And if child support is reduced right now because he's unemployed, can't I ask for a modification as soon as he gets a job? Also, does rental property count as income for the purposes of calculating child support? He entered a figure for his income, but then there is a line item for adjusted income that essentially zeroes out his income, and I just can't believe that's allowed. I feel that he's filed this modification mainly out of spite and not out of a true financial dilemma, but of course that's my opinion. I'd just like to avoid two separate child support hearings if possible. Doesn't a judge use minimum wage for his income, or his expected income based off his past earnings, or something like that? Thank you in advance :

How come it is ALWAYS out of spite when the NCP does anything? He is allowed to file for a modification because his income has changed. Just because he never did before doesn't mean he cannot do so now. A judge does NOT necessarily have to use minimum wage for his income nor his expected earnings. It could be the ACTUAL earnings. Depends on a lot of factors.

 

[mistoffolees]

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

Hello -
My 10 year old son's father and I have joint legal custody, I have physical custody. I have always received regular child support, even though my son's father has changed jobs a few times and has even been unemployed for short periods of time. We do have an existing court order for visitation, child support, etc. Last year at this time, he was unemployed for about a month, but didn't file to reduce child support. This summer, he was apparently fired from his job and because we are having some other legal issues and he is upset with me, he has now filed to reduce child support. My questions are mainly procedural - do I have to reply to his request in order to dispute it? Or is a hearing automatically set? (I have read the paperwork he filed, I can't make heads or tails of it). And if child support is reduced right now because he's unemployed, can't I ask for a modification as soon as he gets a job? Also, does rental property count as income for the purposes of calculating child support? He entered a figure for his income, but then there is a line item for adjusted income that essentially zeroes out his income, and I just can't believe that's allowed. I feel that he's filed this modification mainly out of spite and not out of a true financial dilemma, but of course that's my opinion. I'd just like to avoid two separate child support hearings if possible. Doesn't a judge use minimum wage for his income, or his expected income based off his past earnings, or something like that? Thank you in advance :

Give me a break. You state that you've always received child support, even when he was unemployed. He's trying to do his best to pay child support and if it looks like his current unemployment is going to be longer, he has every right to ask for a modification.

The judge can use minimum wage for imputed income, or previous income, or even zero if he's out of work due to no fault of his own and has limited prospects for working soon.

Rental income? Depends. Normally, the INCOME from the rental property would be included, but not the total receipts. It's easy to see how that number could be zeroed out. Let's say he receives $1000 per month in rent and the mortgage is $1000 per month. Why in the world would you think that he should be paying child support out of the $1000 in rent?

If you don't understand the paperwork, you should see an attorney. If you have a specific question, we can try to answer it, but it's pretty hard to walk you through every step of all the paperwork online.

 

[OHRoadwarrior]

Let it go to court. Request the judge have him punished for each month of unemployment, by public flogging, in the courthouse square.

 

[nextwife]

Rental income? Depends. Normally, the INCOME from the rental property would be included, but not the total receipts. It's easy to see how that number could be zeroed out. Let's say he receives $1000 per month in rent and the mortgage is $1000 per month. Why in the world would you think that he should be paying child support out of the $1000 in rent?

If you don't understand the paperwork, you should see an attorney. If you have a specific question, we can try to answer it, but it's pretty hard to walk you through every step of all the paperwork online.

Agreed, but beyond the scenario of only meeting the mortgage there is this:

The Rental rates have dropped in many areas. It is not uncommon to see a debt outlay EXCEED rental income, the owner feeding the property to cover the mortgage, taxes, insurance, water/sewer bills an maintenance. Over the short term, an investment property can have NEGATIVE cash flow. too.