modification question

[luckymom]

My current support order dates from 3.5 years ago. At that time, ex stated he worked for his wife on a contract basis (1099) and had made 20,000 after expenses. The judge ruled him underemployed and imputed an income 35K.

During our recent visitation modification case, ex revealed that he was now a salaried employee of his ex and that his income was 48,000. Given that this information, I think my daughter is due an increase in support. My lawyer has suggested that it would be better, since I prevailed in the recent modification case, to let some time pass and then file. Does this make sense? Is it possible to file for back support since ex seems to have had this change in employment status not long after the last support order was issued? ( A little suspcious in my opinion.) Does it make sense to tell ex I plan to file and see if he will settle this issue through mediation? Or would this cause problems?

Thanks in advance.

 

[CourtClerk]

My current support order dates from 3.5 years ago. At that time, ex stated he worked for his wife on a contract basis (1099) and had made 20,000 after expenses. The judge ruled him underemployed and imputed an income 35K.

During our recent visitation modification case, ex revealed that he was now a salaried employee of his ex and that his income was 48,000. Given that this information, I think my daughter is due an increase in support. My lawyer has suggested that it would be better, since I prevailed in the recent modification case, to let some time pass and then file. Does this make sense? Is it possible to file for back support since ex seems to have had this change in employment status not long after the last support order was issued? ( A little suspcious in my opinion.) Does it make sense to tell ex I plan to file and see if he will settle this issue through mediation? Or would this cause problems?

Thanks in advance.

File now for modification or file later. Personally, I don't see the difference. He's stated on the record what his income is... why wait would be my question.

As for the back support.... I think it was nextwife that said it best. Had your ex been temporarily disabled or unemployed or something like that, but continued to pay the court ordered support, then found out that he could have filed for a downward modification based on change of circumstance, should you be required to pay him BACK for the time he would have effectively overpaid you if he would have filed for modification on time??? Or does that only go one way? Effectively, no, you can't ask for back support.

As for telling him... you can or your can't. Doesn't make a difference. He'll either settle with you before the hearing or he won't. If he doesn't, the judge will decide.

 

[GrowUp!]

My lawyer has suggested that it would be better, since I prevailed in the recent modification case, to let some time pass and then file. Does this make sense?

Your lawyer is a moron. "Since your prevailed on your last modification". Good Lord what an idiot.

Is it possible to file for back support since ex seems to have had this change in employment status not long after the last support order was issued? ( A little suspcious in my opinion.)

Are you serious?

 

[luckymom]

[
As for the back support.... I think it was nextwife that said it best. Had your ex been temporarily disabled or unemployed or something like that, but continued to pay the court ordered support, then found out that he could have filed for a downward modification based on change of circumstance, should you be required to pay him BACK for the time he would have effectively overpaid you if he would have filed for modification on time??? Or does that only go one way? Effectively, no, you can't ask for back support.

Actually, if that is the law, I have no problem with it. I don't think NCP should pay more than state law requires, but why should he get away with paying less? In my state, I can only ask for a review every 3 years and it takes 6-9 months. That is a long time to be underpaid.

I think NCP has an ethical if not legal responsibility to report a change in income of 13,000. That is substantial by any measure. I've heard that it is possible to put it in the order that NCP must notify in the case of an increase.

 

[luckymom]

Your lawyer is a moron. "Since your prevailed on your last modification". Good Lord what an idiot.

I don't think she is an idiot. After all, she could make more money by urging me to go ahead. Her point is that I just prevailed in a difficult case and that clearly both the judge and child's rep feel positively towards me and that going after support aggressively might make me seem greedy.


Are you serious?

Yes, completely. As I said above, ex apparently got this big raise and change in employment status in his words "3 years ago," so within 6 months of our last child support hearing. He's been underpaying by a lot for a long time. Do you think that is ok?

 

[Zephyr]

Yes, completely. As I said above, ex apparently got this big raise and change in employment status in his words "3 years ago," so within 6 months of our last child support hearing. He's been underpaying by a lot for a long time. Do you think that is ok?

doesn't really matter what we think, it's water under the bridge...you would spend a lot of money trying to get that "back" support- and stand a good chance of not getting it, move on from here and get the recalculations done.

 

[luckymom]

doesn't really matter what we think, it's water under the bridge...you would spend a lot of money trying to get that "back" support- and stand a good chance of not getting it, move on from here and get the recalculations done.

True, but I was responding to the "are you serious" comment, which implied that there was something wrong in thinking ex actually had an obligation to support his kid as the law requires. In any case, the visitation modification means more to me than the money and I prevailed in that regard.

 

[LdiJ]

I think that you should listen to your attorney. Your attorney is the best judge of what "timing" is right for your judge.....and the situation over all.

 

[GrowUp!]

Yes, completely. As I said above, ex apparently got this big raise and change in employment status in his words "3 years ago," so within 6 months of our last child support hearing. He's been underpaying by a lot for a long time. Do you think that is ok?

That's not the point. Is either parent required BY ORDER to report substantial increases such as this? And if so, is there a certain percentage before it's even considered a "change in circumstance." And I also point out the key word you used "apparently." That is not a term of absolute. So, you do not have the proof you would need, as the burden would be on you to prove this in your complaint. THAT'S the point. Even more indicative why you're lawyer is an idiot. It's been 3 1/2 years. File for a mod and be done with it. It's not rocket science.

 

[GrowUp!]

I think that you should listen to your attorney. Your attorney is the best judge of what "timing" is right for your judge.....and the situation over all.

Again, if it's time for a modification, just file. Screw this "timing" thing. Repeating for the cheap seats: this isn't rocket science.

 

[GrowUp!]

True, but I was responding to the "are you serious" comment, which implied that there was something wrong in thinking ex actually had an obligation to support his kid as the law requires.

Don't use big words you don't know the meaning of. That word being "implied" since you haven't a clue what was implied (you completely swung and missed anyway). He IS legally supporting the child, per the support order, as the law requires. Just as YOU are. End of discussion.

 

[luckymom]

I think that you should listen to your attorney. Your attorney is the best judge of what "timing" is right for your judge.....and the situation over all.

Yes, I was thinking the same thing, although the increase would certainly be nice. In my county, you are signed a judge for the duration, so I don't want to do anything to rock the boat. Still, I thought I might write the ex and say since your salary is now a matter of the record, perhaps we could just settle this quickly. His legal fees were 3 times mine, so he must want to get this over with.

 

[luckymom]

Don't use big words you don't know the meaning of. That word being "implied" since you haven't a clue what was implied (you completely swung and missed anyway). He IS legally supporting the child, per the support order, as the law requires. Just as YOU are. End of discussion.

I know very well what "implied" means and used it correctly. In fact, I can use many "big words" correctly. For instance, I find your attempt to be condescending a sure sign of an insecure guy who clearly needs to "grow up."

End of discussion.

 

[profmum]

I dont think "timing" may matter all that much for filing a modification BUT judges are human and if your attorney has a feel for your judge (having been in his Court on other cases etc), that could be a good advice to take.

 

[GrowUp!]

I know very well what "implied" means and used it correctly. In fact, I can use many "big words" correctly. For instance, I find your attempt to be condescending a sure sign of an insecure guy who clearly needs to "grow up."
.

Yawn. Meanwhile, keep listening to your clueless attorney and depriving the child of the modification. I can see why you retained this person. Two peas in a pod...