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CS modification question- Can he do this?

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Salehunter

Junior Member
What is the name of your state?MA

A little background first: I have full legal custody of my son by my ex, he was ordered to pay $157.50 a week in CS plus retain medical insurance for our son, and in doing so his child support will be reduced by $20 per week. He did not ask for any visitation at all during our court visit and has only seen his son maybe once or twice a year in the last 10 years.

Present: My ex filed for CS modification as he states he has changes in his circumstances. Over the past 3 years he has quit numerous jobs including the one that supplied my sons medical insurance. He went without medical insurance for over a year, so I had our son put on my medical insurance at the rate of $270 per month. He is now trying to have his CS reduced saying his CS was supposed to be reduced for medical insurance, he has reduced income and he and his new wife had another baby. I know for a fact he has quit alot of jobs over the past 3 years so that has reduced his income. He sent me new medical cards 2 months ago with a note saying this was our sons new insurance (this was after leaving our son uninsured for 16 months!) and my medical insurance was now his secondary insurance. He has proven he can not be responsible in this area as I need medical insurance for our son every day not just when he can keep a job long enough to get it. He wants his CS lowered for the insurance and because he has reduced income, can he do this?? If he had kept his job (s) he would be able to keep up with the CS payments and not fall behind (he is currently behind $5000.00). Can the new child be counted in his paying less support for his first child when it was born long after the CS order was put into place? How does CS get calculated in a case like this? If he did not quit the job he had when we went in for CS he would be able to make these payments, whenever DOR starts garnishing his wages he just up and quits! Arggghhh!! This is so frustrating in the fact he does not want to pay CS and does not help AT ALL with any of the parenting responsibilities. What actions can I take and what is my best line of defense when we get to court? BTW I work full time, always have so our son has atleast one responsible parent. I know the judge probably wont care about that since no court in the world can make a guy be a good Dad, but how can I bring up these facts without sounding like I am b****? Any help or advice is greatly appreciated. Sorry if my post is all mixed up but I am more than pissed off right now after being served these papers :mad:
 


haiku

Senior Member
here go here and click the links for massachusetts support guidelines.

www.supportguidelines.com

his ability to get a reduction depends on alot of things, for example how long he has been at the reduced paying job, the reasons why he had to get a reduced pay job, etc...

if your current support order reads that the NCP is the primary ins. carrier, than yes he is entitled to the deduction but there is a catch-he is entitled to the deduction on the original agreement, not whatever he is paying now for ins. you cannot change an existing court order without a new one.

At the time he cancelled the old ins. you should have gone in for a modification, and contempt for non-payment, to have your ins. become the primary and have his support INCREASED to reflect that.

he is entitled to ask for a decrease, but you are entitled to fight against it. he can request a 2% decrease in support for his subsequent child. He is entitled to ask he still be primary ins. and have his new support amount reflect that. you have the right to show due to his work history that you be primary and his support be increased to reflect your cost for being so. you have the right to ask for your arearrages.

I will say, it will be worth it to have a lawyer in the courtroom with you.
 

Salehunter

Junior Member
haiku said:
here go here and click the links for massachusetts support guidelines.

www.supportguidelines.com

his ability to get a reduction depends on alot of things, for example how long he has been at the reduced paying job, the reasons why he had to get a reduced pay job, etc...

if your current support order reads that the NCP is the primary ins. carrier, than yes he is entitled to the deduction but there is a catch-he is entitled to the deduction on the original agreement, not whatever he is paying now for ins. you cannot change an existing court order without a new one.

At the time he cancelled the old ins. you should have gone in for a modification, and contempt for non-payment, to have your ins. become the primary and have his support INCREASED to reflect that.

he is entitled to ask for a decrease, but you are entitled to fight against it. he can request a 2% decrease in support for his subsequent child. He is entitled to ask he still be primary ins. and have his new support amount reflect that. you have the right to show due to his work history that you be primary and his support be increased to reflect your cost for being so. you have the right to ask for your arearrages.

I will say, it will be worth it to have a lawyer in the courtroom with you.
I didnt take ANOTHER day off from work to take him to court over the insurance because when we went for the CS he did not have it, was ordered to get it in a certain amount of time. He took much longer to get it then he was ordered to and only kept it for a few months. Since I am the only responsible parent my son has and have to keep my job I cannot afford to take lots of days off to take him back to court, which is utterly useless because nothing happens anyway. I know I should have but under the circumstances I cant take a day off for just that!

As for the work history he is just plain lazy!!!! He quits jobs left and right because he can, as soon as they start garnishing he up and quits. I dont think that should qualify him to a reduction in support.

Also since he does not do any of the parenting responsibilities (hasnt even called in 9 m,onths)and wants reduced CS, I think this is just plain pathetic of any human being. Will a judge even consider this fact? He is leaving me with all of the burden well he gets to just up and start a new life, does a judge even look at these facts or is it just the financials he will look at.

And no I cannot afford to pay a few thousand dollars to hire a lawyer knowing full well no matter what happens I will not see a dime from my ex and will just be throwing more money away.
 

haiku

Senior Member
hey I am just trying to help! having been involved in ma. child support issues myself!

It is ALWAYS better to go in with a lawyer if you can, and want to win, sometimes money spent up front pays off big in the long run.

But heres the deal, you KNOW your ex makes LESS money now, whether or not he can get a better paying job in todays economy who knows?

You may need to consider accepting what you can actually GET, and not a figure that looks real cool ON PAPER.

consider negotiating his paying for your ins. cost for the child, a payment plan for the arearage, as I mentioned previously, and working out a fair child support based on his income per Ma. guidelines.


this would keep the court time, you don't want to take off work for to a minimum, (a simple signing off the new agreement) and hopefully, you will get your child support, finally, which is what this is about right?

good luck to you.
 
K

krispenstpeter

Guest
He is leaving me with all of the burden well he gets to just up and start a new life,
Simple answer.

Tell him to file for sole custody and YOU start paying child support.

Case Closed.
 

Salehunter

Junior Member
haiku said:
hey I am just trying to help! having been involved in ma. child support issues myself!

It is ALWAYS better to go in with a lawyer if you can, and want to win, sometimes money spent up front pays off big in the long run.

But heres the deal, you KNOW your ex makes LESS money now, whether or not he can get a better paying job in todays economy who knows?

You may need to consider accepting what you can actually GET, and not a figure that looks real cool ON PAPER.

consider negotiating his paying for your ins. cost for the child, a payment plan for the arearage, as I mentioned previously, and working out a fair child support based on his income per Ma. guidelines.


this would keep the court time, you don't want to take off work for to a minimum, (a simple signing off the new agreement) and hopefully, you will get your child support, finally, which is what this is about right?

good luck to you.

I thank you for all your help!! I am not yelling at anyone here LOL, I am just so frustrated if you can understand :(
 

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