• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Automatic Review?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

K

KSMom2

Guest
What is the name of your state? Kansas

This may be a little long, I am sorry but I didn't want to miss any important details.

Last year I asked SRS to intervene on my behalf to enforce child support orders. Order had increased, but my Ex continued to pay at same rate (mandatory income withholding order per Kansas guidelines) making each payment short by about $100/month. My understanding is now the case is in the hands of SRS (IVD- or something like that designation?) and all enforcement will be handled by them.

Now I have some questions and am not getting straight answers, just being shuffled to different people when I phone. My questions are pretty basic actually so I am surprised they aren't addressed in their little handouts and assorted trash that was given to me.

1. SRS (or CSE is it the same?) has a review every 3 years. Is this done automatically or is it something I must request? If I do not want a review can I ask for it not to be done? My income has increased, but due to other financial difficulties I would rather that not be considered for child support right now. I know EX's income has changed little since the last modification.

2. Kansas takes both parents' income into consideration for child support purposes. At the time of the review, will they request pay stubs, tax forms or simply go by the information they have e.g. neither parent has changed jobs within the last 3 years?

3. How is the time for review determined? My new support order was begun (motion filed) in 2001, but did not go into effect until 2002 (more than 6 months later). I did not ask for SRS to handle enforcement until 2003. So is the review due this year- 3 years after initiation of motion, next year- 3 years after order went into effect or 2006- 3 years after SRS become involved?

4. My ex has credits to his support for long distance visitation and other considerations (parenting time etc.) even though his actual costs of visitation have significantly increased (he is military and was transferred even further from my children), I feel the credits are too high already considering his move has made it impossible to exercise a lot of his parenting time anyway. Will SRS take this into account or will he have to file his own modification through his attorney to keep or increase these additional credits?

4a.His credits add up to more than 2 thousand dollars. Without these credits my CS would be 168 dollars MORE each month. Is there any way to get these credits disallowed without without having to file my own modification with an attorney? In other words, can I appeal to SRS to disallow these credits or is this something I will need to go back to court for?

Again, I am sorry for the length of this post. Any help at all is appreciated.

KSMom
 


K

KSMom2

Guest
Well when you put it that way....

xrevvyx said:
let me get this straight -
you want ONLY the issues that would benefit YOU to be addressed ?? but any issue that would benefit your ex (even if he IS entitled to it) to be 'ignored' or not brought up ?!!?
Click to expand...
Yes and No.

I am not against issues benefitting my Ex being brought up and addressed.
I reread my original post and can see how it sounds like that is the case.

However, I don't feel that the agency I sought help from, to represent me, should act on his behalf at all. He is free to file his own modification at any time if there is a change in circumstances or the 3 year mark has been reached. My question associated with this is: Are the reviews done automatically or do I need to request them? and Can I ask that it not be reviewed at the "automatic" time frame?


I am against the additional credits for long distance visitation- he was entitled when he was exercising visitation at every opportunity. Now that he has been transferred he can only afford the travel for the children for the summers. He is no longer making use of the Spring Break, Thanksgiving or Christmas holidays. (He does have the children for the entire summer though- 3 mos.) Therefore, I feel the credit amount should be lowered if not eliminated due to him not using all of his visitation, thus not traveling as frequently as when the credit was ordered. (ie I question whether he is still entitled to it?) Is this something SRS will take into consideration at a review or will I have to file a separarte modification- which a judge may or may not grant? Obvioulsy I assume that if it goes before a judge and the judge deems he is entitled to the credits or an increase in credits then I am wrong. I just want to know if it can be considered without having to hire attorneys and going to court (thereby saving the EX tons of money in legal fees).

As to my increase in income: this would benefit the Ex only in as much as it would change the percentages of our combined incomes. Yes, I would like to keep this to myself for a while longer until I overcome some other financial difficulties. I doubt very much that this increase would significantly change the amount he is paying in support, but it may. Yes this is "wrong", and acts only in my best interests. I am an honest enough person to admit this. If it comes down to it, I will happily submit my new pay rates, I won't lie about it and I won't "hide" it. I also am not *asking* for a review or modification that could potentially increase the support paid. I am trying to be as fair as possible, while keeping my own best interest and those of my children in mind.

Right now I would very much like to keep the status quo. Which is why I asked if the reviews are automatic. If they must be requested, I will not request one. I understand that my Ex may file for a modification on his own if he feels it is warranted.


My other questions wouldn't benefit either of us. Basically: how is income determined (tax forms, pay stubs, or from information within the agency) and how is the timing determined?

Thanks for responding!
KSMom
 
K

KSMom2

Guest
xrevvyx said:
the way I understand it -

if you are any sort of public assistance the reviews are automatic -
however, if you are NOT, you will both be sent a notice that a review is available - and you (or he) can choose to review - or not -
Click to expand...
Thanks. I don't undertand why they couldn't just say that when I called.
Neither of us are on public assistance. I guess I will just wait for the notice and see if he chooses to review. Everything else should fall into place after that.

Thanks again,
KSMom
 
V

VeronicaGia

Senior Member
KSMom2 said:
Yes and No.

I am not against issues benefitting my Ex being brought up and addressed.
I reread my original post and can see how it sounds like that is the case.

However, I don't feel that the agency I sought help from, to represent me, should act on his behalf at all. He is free to file his own modification at any time if there is a change in circumstances or the 3 year mark has been reached. My question associated with this is: Are the reviews done automatically or do I need to request them? and Can I ask that it not be reviewed at the "automatic" time frame?

***The agency doesn't represent you, it represents the child. It is a government agency and is there to help everyone, not just custodial parents.


I am against the additional credits for long distance visitation- he was entitled when he was exercising visitation at every opportunity. Now that he has been transferred he can only afford the travel for the children for the summers. He is no longer making use of the Spring Break, Thanksgiving or Christmas holidays. (He does have the children for the entire summer though- 3 mos.) Therefore, I feel the credit amount should be lowered if not eliminated due to him not using all of his visitation, thus not traveling as frequently as when the credit was ordered. (ie I question whether he is still entitled to it?) Is this something SRS will take into consideration at a review or will I have to file a separarte modification- which a judge may or may not grant? Obvioulsy I assume that if it goes before a judge and the judge deems he is entitled to the credits or an increase in credits then I am wrong. I just want to know if it can be considered without having to hire attorneys and going to court (thereby saving the EX tons of money in legal fees).

***That is a change in visitation schedule and would be separate. You would have to change the visitation to reflect a smaller percentage of visitation on his part and then request a CS mod.

As to my increase in income: this would benefit the Ex only in as much as it would change the percentages of our combined incomes. Yes, I would like to keep this to myself for a while longer until I overcome some other financial difficulties. I doubt very much that this increase would significantly change the amount he is paying in support, but it may. Yes this is "wrong", and acts only in my best interests. I am an honest enough person to admit this. If it comes down to it, I will happily submit my new pay rates, I won't lie about it and I won't "hide" it. I also am not *asking* for a review or modification that could potentially increase the support paid. I am trying to be as fair as possible, while keeping my own best interest and those of my children in mind.

***Your own best interests mean nothing to the court. The childs best interests matter. And it is possible that he could prove that since you make more, his support should go down, and he could then increase his visitation as it would be more affordable.

Right now I would very much like to keep the status quo. Which is why I asked if the reviews are automatic. If they must be requested, I will not request one. I understand that my Ex may file for a modification on his own if he feels it is warranted.

***Some courts will send a notice asking either party if they would like a review once every three years. If he decides he wants one, all he has to do is fill out the form and send it back.

My other questions wouldn't benefit either of us. Basically: how is income determined (tax forms, pay stubs, or from information within the agency) and how is the timing determined?

Thanks for responding!
KSMom
Click to expand...
***Tax forms, pay stubs, interest statements, any form of income that is documented can be used.
 
M

momof1cutie

Member
hi Veronica, thank you for responding to my question.

What is and IV-D case and do you know how the review works?? do they send papers to the non-custodial parent to request recent pay check stubs??
 
W

Whyte Noise

Senior Member
They will request pay stubs and more than likely 3 years of tax returns.

On BOTH of you.

You will have to provide yours as well, so that the child support can be calculated correctly.

The term "IV-D agency" means an agency that has been designated by a state to administer programs pursuant to Title IV-D of the Social Security Act or any other entity entitled to receive and disburse child support payments in that state. Child Support Enforcement is an IV-D Agency. When you have a child support case through them, you have a case number with them. It will start with "IV-D" and then numbers after it.
 
M

momof1cutie

Member
none of my reference type numbers on my checks start w/ IV-D, so i guess i don't have an agnecy designated. my checks are garnished through the state, so would i still have an automatic review??

thanks for your replies!!!
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top