Would lower $$ take effect from the date of filing?

[Bloopy]

Some of you may know of my friend who has custody of his two children_ their mother has supervised visitation. Before supervised she had them EOW.

This mother started a lot of new trouble when she began having to pay nominal child support. I ran the figures, and she_d have to be working less than 20 hours a week. Since she_s the NCP, and is never responsible for childcare_ shouldn_t min. wage at 40 hours be imputed? I_m not sure how the judge came up with his figure. Not my point really.

The mother decided she was paying too much in CS. She paid it correctly once, didn_t pay it for two months. Then she _and her lawyer_ decided on a new figure and she wrote a check for that figure. I seriously doubt her lawyer suggested this in any way.

She has filed for child support modification. If the judge were to lower her CS payments, would the lower amount take effect from the date of filing? So she would only face arrears for the totally missed months?

I think the leniency the mother received in regards to CS payments is because the judge felt sorry for her and her mental health problems. She has denied any problems and is not receiving SSI. How much leeway does a judge have in assigning CS? I_m wondering if he_ll feel _sorry enough_ to lower it or be pissed off enough to raise it to the rate for 40 hrs at min wage.What is the name of your state?

 

[LdiJ]

Some of you may know of my friend who has custody of his two children… their mother has supervised visitation. Before supervised she had them EOW.

This mother started a lot of new trouble when she began having to pay nominal child support. I ran the figures, and she’d have to be working less than 20 hours a week. Since she’s the NCP, and is never responsible for childcare… shouldn’t min. wage at 40 hours be imputed? I’m not sure how the judge came up with his figure. Not my point really.

The mother decided she was paying too much in CS. She paid it correctly once, didn’t pay it for two months. Then she “and her lawyer” decided on a new figure and she wrote a check for that figure. I seriously doubt her lawyer suggested this in any way.

She has filed for child support modification. If the judge were to lower her CS payments, would the lower amount take effect from the date of filing? So she would only face arrears for the totally missed months?

I think the leniency the mother received in regards to CS payments is because the judge felt sorry for her and her mental health problems. She has denied any problems and is not receiving SSI. How much leeway does a judge have in assigning CS? I’m wondering if he’ll fell “sorry enough” to lower it or be pissed off enough to raise it to the rate for 40 hrs at min wage.What is the name of your state?

Its really impossible to predict what the judge will do in this instance.

 

[Ohiogal]

But normally lowered child support kicks in from the date of the order. NOT filing. Unfair but it is seen as being equitable and just for the child's sake.

 

[nextwife]

But normally lowered child support kicks in from the date of the order. NOT filing. Unfair but it is seen as being equitable and just for the child's sake.

Perhaps for THAT child's sake, but making someone who was, say, suddenly disabled, pay the non-modified amount from date of order instead of date of filing is NOT equitable for other children of the obligor. In the WORLD OF INTACT FAMILIES, the adjusted income begins as soon as the calamity occurs (and I would know, being the child of a parent who was suddenly and forever impacted by a brain tumor).

I'm not sure how "just" it is to mislead our kids into thinking they are legally protected from the normal ups and downs of life affecting them. I LEARNED to plan, budget my spending CAUTIOUSLY, SAVE, and NOT spend everything I made. WE are raising a generation of irresponsible, live on every-dollar-you earn and then some, fail to plan or think ahead, only now counts mindset kids. I don't think that is doing them any favors.

 

[Zephyr]

Perhaps for THAT child's sake, but making someone who was, say, suddenly disabled, pay the non-modified amount from date of order instead of date of filing is NOT equitable for other children of the obligor. In the WORLD OF INTACT FAMILIES, the adjusted income begins as soon as the calamity occurs (and I would know, being the child of a parent who was suddenly and forever impacted by a brain tumor).

I'm not sure how "just" it is to mislead our kids into thinking they are legally protected from the normal ups and downs of life affecting them. I LEARNED to plan, budget my spending CAUTIOUSLY, SAVE, and NOT spend everything I made. WE are raising a generation of irresponsible, live on every-dollar-you earn and then some, fail to plan or think ahead, only now counts mindset kids. I don't think that is doing them any favors.

NW- that really doesn't apply to this particular question though....

 

[nextwife]

NW- that really doesn't apply to this particular question though....

I was responding to the rationale stated for having a CPs modification apply from date of filing, but NCP modification only from date of order.

 

[Bloopy]

Would it be okay for the Father to contact the Mother_s lawyer?

Mother has decided that she doesn_t need to pay a dime in CS until the modification hearing scheduled for late January.

The lawyer is though her church (free to her) and seems pretty nice and reasonable. Mother could use a reminder (from her team) that it is in her, and the children_s best interests to stay as current as possible with CS.

Since direct contact with the mother is out- I think the usual protocol is he calls his lawyer, his lawyer calls her lawyer. Honestly, he still owes his lawyer a lot of $$ and is ashamed to bother her.

Would and email to her lawyer be appropriate?

He is going through child support enforcement but the process is slow. Also, her CS is low so it may be a couple YEARS before arrears reach the 5K that concern them.

 

[Bloopy]

NCP has requested a modification to further reduce CS.

CP isn’t making it and doesn’t qualify for any assistance.

One major factor is that he simply cannot use only 3 days a week of childcare and work 5 days a week. During earlier trials, he was pressured by the GAL to reduce childcare expenses. He switched to part-time out of desperation before the final order and has been relying on begging whoever he can to watch the children to eek out the other 2 days. Arrangements are often rather desperate. Friends and family want to help, but they have jobs too.

He’s still using part time daycare but he’s getting in trouble at work for his schedule conflicts. He is also not able to cover current bills. Current CS is the equivilant of half of part time daycare expenses.

He’s going Pro Se. Is it fair or appropriate for him to ask that full-time childcare be considered into the calculation? Would it simply appear greedy?

He has 100% custody.

 

[Zephyr]

how old are these kids?

AND not that ncp doesn't have an obligation to support, but obviously she can't be counted on, what about dad looking for better paying employment?

oh and what state?

 

[Bloopy]

Sorry... VA. I thought I had it in here

The kids just turned 5 and 3. The 5 year old will start Kindergarten next year.

He's repaying his 401K so that's a chunk drawn out of his check too. At around $13hr, 401K, great benifits- Dad may have tapped out his potential. Nice guy but…

Blood… Turnip… I do get it.
Mom isn’t reliable, but she does have a degree and has earned good wages in the past. She is also “well sponsored.”

 

[Zephyr]

where can I get a sponsor??? LOL

can he repay his 401k more slowly????

 

[Bloopy]

where can I get a sponsor??? LOL

can he repay his 401k more slowly????

The percentage is at the minimum. I don’t know if deferment is possible but that would just bite him later.

Flex Spending to set aside money for child care will kick in a few months so that will help.

I can’t believe he can’t qualify for anything.

 

[Bloopy]

Thank you for helping Zephyr… even my eyes are rolling

 

[CJane]

Has Dad tried perusing the local paper, local churches, the schools, etc? I found my sitter through an ad in the paper. She's licensed, does child care out of her home, and charges less than 1/3 what a daycare center would charge.

She only charges $10/day for a full day, and $2/kid/day for after care. I make about what Dad does... it might just save his life.

I had also found several sitters by calling the grade school and just asking if they knew of any parents who did daycare. I called the Dr's office in town as well to see if they knew of anyone. Granted, it's a small town... but there are some advantages.

 

[Bloopy]

Has Dad tried perusing the local paper, local churches, the schools, etc? I found my sitter through an ad in the paper. She's licensed, does child care out of her home, and charges less than 1/3 what a daycare center would charge.

That’s a great idea and honestly the most reasonable. He really must cut this expense. He lives uber frugally otherwise.

Daycare is 660 as part-time and 980 full time.

The catch is mom’s situation. She’s reported daycares several times for “abuse.” She’s lifted the children when she wasn’t supposed to. She’s had a screaming swearing tantrum with this director. They may get kicked out or worse somewhere else.

This place is sympathetic to the plight of both parents. They have good security and cameras. They have stood up to her trying to take the children and have testified in court. They are wonderful academically and have a good “therapeutic” sensibility.

Additionally, I can’t think of any children that need stability and to not have the boat rocked more.

+++++

Dad just found out he owes big bucks for Tanif daycare benefits the children received over a year ago when they had 50/50 custody. He was paying CS then, but apparently that doesn’t matter. Mom’s arrears are approaching his debt to Tanif. The state plans to garnish him $75 monthly.

When CS was first ordered for mom she had three “free months” to get stabilized and to even out what ever Dad owed mom from benefiting from Tanif (since it covered daycare full time and he was paying $300 mo. to mom.) I don’t know why this wasn’t “official.” Dad thinks that if anything was owed to Tanif, Mom was supposed to pay during her “free” months.