Child Support Reduction Question

[JR1]

Thanks Mike and CJane. I think someone else must have woken up on the wrong side of the bed this morning.

Ex is definately working to her abilities. She makes really good money.

I am going to try and call my attorney tomorrow and ask those questions. I have called everyday for two weeks. I guess I am going to have to be a butt....

 

[Mike703]

Uh, YEAH. You had $500 to pay an attorney, but not one red cent to help feed your kids? I can just about guaran-damn-tee that a judge will happen to notice that.

But in his defense, he would have to go to court in order to no incur any legalities such as contempt. I do agree he should have been paying something...

 

[Silverplum]

6 months to a year is correct.....at least in the state of TN

Not really. It's not too hard to give correct info plus a link to illustrate one's point.
http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=TN

It's every THREE years in TN. However, other factors make it possible for OP to file for a downward mod. (Doesn't mean he'll get it, of course.)

 

[CJane]

6 months to a year is correct.....at least in the state of TN

Really? So, every 6 months or so, either party can file a motion to have the courts recalculate child support, just in case things have changed?

Can you provide the statute that indicates this?

 

[Mike703]

Ummm... correct me if I'm wrong, but the letter from the Ex's attorney addresses his unemployment, offers to recalculate CS to include the Ex's salary, and use the UI monies as the OP's salary rather than imputing an income for him. Presumably, this would result in a reduction while OP is unemployed.

The letter also provides for a revisitation of the CS issues once OP is again gainfully employed. At that point, one would assume that CS will be raised.

All of that is presuming that the unemployment is both involuntary and temporary. Unemployment checks don't keep coming forever.

I did not disagree with you on that. Everything I said was in regards to the recalculation once he is employed, this is when the real calculation is going to take place. Calculation of CS is based on more than a single check stub.

 

[Silverplum]

But in his defense, he would have to go to court in order to no incur any legalities such as contempt. I do agree he should have been paying something...

I disagree that he needed an attorney. He could go pro-se.

His kids need to eat.

 

[CJane]

Thanks Mike and CJane.

You're welcome.

Go here. http://www.state.tn.us/humanserv/is/isdownloads.htm Download the calculator and figure out what your new CS obligation will be if you accept the ex's offer. Use that information to make your decision.

You DO NOT want to go to court if you can avoid it. Not while you're not paying at all and collecting unemployment.

 

[JR1]

Calculation of CS is based on more than a single check stub.

What exactly do you mean by the last sentence?

Do both of us have to provide more than one once the final calculation comes into play?

 

[CJane]

What exactly do you mean by the last sentence?

Do both of us have to provide more than one once the final calculation comes into play?

That depends on what you're willing to agree to.

You CAN ask that the ex be required to provide 3 years worth of tax returns, or 6 months worth of check stubs, or income statements from employers... she can ask the same from you.

Honestly... it doesn't sound to me like the ex is trying to screw you. How difficult and expensive do you want to make this?

 

[Mike703]

Really? So, every 6 months or so, either party can file a motion to have the courts recalculate child support, just in case things have changed?

Can you provide the statute that indicates this?

Well when I get home tonight I can scan a copy of the letter I received from the dept of human services stating so.

 

[CJane]

Well when I get home tonight I can scan a copy of the letter I received from the dept of human services stating so.

That'd be great. Because everything I can find in TN statutes is that you must ALSO have a significant change in the circumstances relating to CS.

Otherwise, you can request that CSE does a review every 3 years.

 

[Silverplum]

Well when I get home tonight I can scan a copy of the letter I received from the dept of human services stating so.

Dude, CJane asked you for the statute. Not a scan of a letter from a department. And how are you going to post that, anyway?

I've already provided a link to the statute on the topic.

 

[CJane]

I've already provided a link to the statute on the topic.

Here's what it says:

Under T.C.A. Section 36-5-103 (1) (A), upon the request of either parent, or if there is an assignment of benefits under Title 71, Chapter 3, Part 1, upon request of the Department of Human Services or either parent, any order subject to enforcement pursuant to Title IV-D of the Social Security Act by any court under this Title or Title 37 shall be reviewed at least every 3 years, and, if necessary, adjusted in accordance with the guidelines established pursuant to Section 36-5-1-1(e) if the amount of the child support order in the existing order differs from the amount that would be awarded in accordance with the guidelines.
Reviews are conducted upon request of TN Department of Human Services for IV-D cases or either parent in Non-TANF cases.
T.C.A. Section 36-5-103 provides that the existing order of child support will be reviewed every 3 years and, if necessary, adjusted in accordance with the child support guidelines. If there are substantial changes in the parties' situations between the mandated 3-year review period, the order can be adjusted in accordance with the child support guidelines.
At least 15% change in gross income of an obligor; and/or a change in the number of children for whom the obligor is responsible.

The bolded part is the ONLY way that an order can be modified in less than 3 years.

 

[Mike703]

What exactly do you mean by the last sentence?

Do both of us have to provide more than one once the final calculation comes into play?

That depends on what you're willing to agree to.

You CAN ask that the ex be required to provide 3 years worth of tax returns, or 6 months worth of check stubs, or income statements from employers... she can ask the same from you.

Honestly... it doesn't sound to me like the ex is trying to screw you. How difficult and expensive do you want to make this?

What CJ initally said is what I meant. And yes, you would have to provide the same if asked. It is only expensive if you let it be. If you can easily provide the requested information then as I said before litigation can be done in one day (2-4 hours if you want to get technical about it).

I'm not an attorney by any means, but I am speaking from experience as somebody who has been there. It's not necessarily a matter of her trying to screw you over. Laws and statues are put in place for a reason, use them to your advantage to make sure everything is done fairly and by the book.

I also question the part in the attorney's letter stating to divide the insurance portion of the pay stub by 4. Are there more than 2 children? Is the insurance for the children the same as it would be for an adult? You need to know the exact amount she is paying per month, year, whatever for your children.

 

[Mike703]

Dude, CJane asked you for the statute. Not a scan of a letter from a department. And how are you going to post that, anyway?

I've already provided a link to the statute on the topic.

Because I know what I received. But either way it really is irrelivant since his current agreement is obviously elligible....so don't u think we are splitting hairs a little??