CS Modification

[amberlea434]

What is the name of your state (only U.S. law)? TN

My hubby and his ex went to court in May 2007 to modify their visitation schedule, among a few other things. That was just recently wrapped up and everything signed off on in November 2008. Their CS was calculated via the TN Income Shares Model. In getting our paperwork ready to file our 2008 taxes, my hubby noticed his income has increased from when they calculated CS using his 2006 W-2, due to him working some overtime. It's definitely over a 15% change, so his ex may petition the court for a CS increase. (Hubby pays CS directly to ex via checks through USPS, there is no Child Support Agency involved.) If she does, in fact, take him back to court for an increase, would it be okay for him to address some issues with the judge and possibly ask him to add some things into their CO? Or would that need to be a separate hearing?

 

[LdiJ]

What is the name of your state (only U.S. law)? TN

My hubby and his ex went to court in May 2007 to modify their visitation schedule, among a few other things. That was just recently wrapped up and everything signed off on in November 2008. Their CS was calculated via the TN Income Shares Model. In getting our paperwork ready to file our 2008 taxes, my hubby noticed his income has increased from when they calculated CS using his 2006 W-2, due to him working some overtime. It's definitely over a 15% change, so his ex may petition the court for a CS increase. (Hubby pays CS directly to ex via checks through USPS, there is no Child Support Agency involved.) If she does, in fact, take him back to court for an increase, would it be okay for him to address some issues with the judge and possibly ask him to add some things into their CO? Or would that need to be a separate hearing?

Unless the issues he wants to address are CS issues, then its likely that it could be a separate hearing. That's not guaranteed because some counties in some states might be willing to combine hearings, but it varies greatly not only from state to state, but from county to county. It has a lot to do with how courts are organized.

 

[amberlea434]

Unless the issues he wants to address are CS issues, then its likely that it could be a separate hearing. That's not guaranteed because some counties in some states might be willing to combine hearings, but it varies greatly not only from state to state, but from county to county. It has a lot to do with how courts are organized.

They wouldn't be CS related. Should he just ask the judge, if this hearing should come to pass, if he can discuss the issues during the same hearing?

 

[LdiJ]

They wouldn't be CS related. Should he just ask the judge, if this hearing should come to pass, if he can discuss the issues during the same hearing?

No, he would have to file motions, prior to the hearing and ask that the motions be heard at the same time. It would violate due process for a judge to hear any unrelated issues unless there were motions before the court.

 

[amberlea434]

No, he would have to file motions, prior to the hearing and ask that the motions be heard at the same time. It would violate due process for a judge to hear any unrelated issues unless there were motions before the court.

Ohh, I see. So, he can file that motion right after he gets served by Mom to appear in court for the CS mod?