Petition for Modification- Question

[jmich111]

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


I was laid-off at the beginning of May and I wont be starting my new job until the second week of July but will not get a check until closer to the end of that month.(Not eligible for Unemployment until July1)

I was planning to file a Petition for Mod of my child support and was needing advise on if I should file now while I am unemployed AND again in a month after my new employment has started OR wait until after I start receiving my new paychecks?

I know what my base pay is going to be at the new job so I have already figured out that my CS will be cut by over 50%...I just dont want to get myself in a pickle by doing all this twice in 30-45 day period.

 

[Ohiogal]

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


I was laid-off at the beginning of May and I wont be starting my new job until the second week of July but will not get a check until closer to the end of that month.(Not eligible for Unemployment until July1)

I was planning to file a Petition for Mod of my child support and was needing advise on if I should file now while I am unemployed AND again in a month after my new employment has started OR wait until after I start receiving my new paychecks?

I know what my base pay is going to be at the new job so I have already figured out that my CS will be cut by over 50%...I just dont want to get myself in a pickle by doing all this twice in 30-45 day period.

They will not change it twice in a 30-45 day period. Why were you laid off? Why is it such a drastic pay cut?

 

[jmich111]

They will not change it twice in a 30-45 day period. Why were you laid off? Why is it such a drastic pay cut?

It was due to a budget cut and I was one of four salaried 60 hour/wk positions working for a Contractor. The industry I am in, is in its slow season and the new job Im starting will be hourly with the main business and not a contractor. This will result in me saving a huge amount of expenses on gas(which I had to pay for) and other expenses I was responsible for...with the new lower pay...all of my typical expenses are covered by the company and not me...not to mention other non-monetary benefits.

 

[LdiJ]

It was due to a budget cut and I was one of four salaried 60 hour/wk positions working for a Contractor. The industry I am in, is in its slow season and the new job Im starting will be hourly with the main business and not a contractor. This will result in me saving a huge amount of expenses on gas(which I had to pay for) and other expenses I was responsible for...with the new lower pay...all of my typical expenses are covered by the company and not me...not to mention other non-monetary benefits.

When you are self employed (ie an independent contractor) your child support is normally not calculated on your gross pay, but on you net pay after expenses. Therefore, your assumption that your child support will reduce may be seriously in error.

You are going to want to pull out your file and see exactly how your child support was calculated the last time it was done. If I am right you may want to run the numbers based on a real comparison before you assume that its going to be to your benefit to file for a modification.

 

[jmich111]

When you are self employed (ie an independent contractor) your child support is normally not calculated on your gross pay, but on you net pay after expenses. Therefore, your assumption that your child support will reduce may be seriously in error.

You are going to want to pull out your file and see exactly how your child support was calculated the last time it was done. If I am right you may want to run the numbers based on a real comparison before you assume that its going to be to your benefit to file for a modification.

I was an employee of a contractor..not the Independent sub-contractor. Been there and done that for 8 years and it not my cup of tea so to speak because of that reason.

 

[LdiJ]

I was an employee of a contractor..not the Independent sub-contractor. Been there and done that for 8 years and it not my cup of tea so to speak because of that reason.

Did you get a W2 at the end of the year or a 1099-MISC?