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CS modification

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mdmother

Junior Member
What is the name of your state (only U.S. law)? Md

I went to court on January 21st for a modification of child support. My daughter's father went for a decrease and I went for an increase. After they did the worksheet, it turned out that the increase was needed for approximately $200 more a month. His lawyer went to the state's attorney and asked if I would be willing to compromise and have him only pay $500 a month as opposed to $611 a month. I declined the "compromise" and he requested a hearing for that same day.

Went back to court in the afternoon for the hearing in front of a judge and after hearing his reasoning for not wanting an increase of $200 a month, the judge stated that she did not hear anything significant to not order the increase. They wrote up an order, but told him that he had until Feb. 1st to file an appeal with the courts.

I looked on the judiciary web site and he has filed an appeal. My question is, how do they go about the appeal? Do they read his letter and then decide if he is granted a hearing or do they automatically grant him a hearing regardless of what the letter states? I am assuming that if he is granted another hearing, that I will need to be there? If you could give me some insight on how things are going to proceed from here, I would greatly appreciate it!What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Md

I went to court on January 21st for a modification of child support. My daughter's father went for a decrease and I went for an increase. After they did the worksheet, it turned out that the increase was needed for approximately $200 more a month. His lawyer went to the state's attorney and asked if I would be willing to compromise and have him only pay $500 a month as opposed to $611 a month. I declined the "compromise" and he requested a hearing for that same day.

Went back to court in the afternoon for the hearing in front of a judge and after hearing his reasoning for not wanting an increase of $200 a month, the judge stated that she did not hear anything significant to not order the increase. They wrote up an order, but told him that he had until Feb. 1st to file an appeal with the courts.

I looked on the judiciary web site and he has filed an appeal. My question is, how do they go about the appeal? Do they read his letter and then decide if he is granted a hearing or do they automatically grant him a hearing regardless of what the letter states? I am assuming that if he is granted another hearing, that I will need to be there? If you could give me some insight on how things are going to proceed from here, I would greatly appreciate it!What is the name of your state (only U.S. law)?
Many times with an appeal (which are automatically granted as people have a RIGHT to appeal) the Court issues a stay (meaning in your case that child support will NOT be increased until after the appeal is heard). Now an appeal can take several months to progress. A brief needs to be written and transcripts received and submitted. It is a process. It might be an EXPEDITED appeal. Most likely however it is not. Many times appeals are decided strictly on the BRIEFS and no one attends a hearing.
 

mdmother

Junior Member
Many times with an appeal (which are automatically granted as people have a RIGHT to appeal) the Court issues a stay (meaning in your case that child support will NOT be increased until after the appeal is heard). Now an appeal can take several months to progress. A brief needs to be written and transcripts received and submitted. It is a process. It might be an EXPEDITED appeal. Most likely however it is not. Many times appeals are decided strictly on the BRIEFS and no one attends a hearing.

Thanks for filling me in on the process that will happen. I appreciate it. The CS hasn't been modified for 8 years and the judge stated that he is lucky I didn't get it reviewed a while back because more than likely it would have been increased then. She told him that she felt like he has gotten off pretty good to go 8 years only paying $400 a month.

I am not asking for anything outlandish as for as support goes. I am just asking for the state mandated amount. I think he feels that I am asking for something that I shouldn't receive.

I don't want to have to miss another day of work for a hearing that probably should have happened in the first place. Guess I will have to see what happens next.
 

LdiJ

Senior Member
Many times with an appeal (which are automatically granted as people have a RIGHT to appeal) the Court issues a stay (meaning in your case that child support will NOT be increased until after the appeal is heard). Now an appeal can take several months to progress. A brief needs to be written and transcripts received and submitted. It is a process. It might be an EXPEDITED appeal. Most likely however it is not. Many times appeals are decided strictly on the BRIEFS and no one attends a hearing.
Unless its an appeal from a magistrate/hearing officer to a sitting judge. (which is kind of seems like it from the time frame). In that case, its kind of a "do over".
 

mdmother

Junior Member
Unless its an appeal from a magistrate/hearing officer to a sitting judge. (which is kind of seems like it from the time frame). In that case, its kind of a "do over".

I am doing all of this through the states attorney's office and don't really speak to them about things that are going on. Sorry about not knowing all the legal jargon and information.

What do you mean "an appeal from a magistrate/hearing officer to a sitting judge"?
 

Ohiogal

Queen Bee
Unless its an appeal from a magistrate/hearing officer to a sitting judge. (which is kind of seems like it from the time frame). In that case, its kind of a "do over".
Well the "appeal" is automatic then but that would not be an appeal so much as an OBJECTION to the MAGISTRATE'S decision. But if it is an objection then it would be a "do-over" possibly. Some courts allow the judge to have an entire hearing de novo while others the judge only has a transcript of the magistrate's preceding.
 

mdmother

Junior Member
Well the "appeal" is automatic then but that would not be an appeal so much as an OBJECTION to the MAGISTRATE'S decision. But if it is an objection then it would be a "do-over" possibly. Some courts allow the judge to have an entire hearing de novo while others the judge only has a transcript of the magistrate's preceding.
I will just keep an eye on the judiciary website and see what happens there. That seems to be the easiest and quickest way to find out what is happening through this endless battle.
 

LdiJ

Senior Member
I am doing all of this through the states attorney's office and don't really speak to them about things that are going on. Sorry about not knowing all the legal jargon and information.

What do you mean "an appeal from a magistrate/hearing officer to a sitting judge"?
There are two kinds of appeals. The first kind is when a trial court judge's ruling is appealed to the appellate courts. That is the kind of appeal that OG was describing. Those are very expensive and are often decided based on briefs, rather than actual hearings.

The second kind of appeal is when a case is heard by a magistrate, hearing officer or other lower level court official who basically is sort of an "assistant judge". That officer works under an actual judge, and the decisions of that official can be appealed to their supervising judge. Those kinds of appeals are more like a "do over". The judge hears all of the evidence again and makes a decision based on the evidence. Those kinds of appeals are much less expensive.
 

mdmother

Junior Member
There are two kinds of appeals. The first kind is when a trial court judge's ruling is appealed to the appellate courts. That is the kind of appeal that OG was describing. Those are very expensive and are often decided based on briefs, rather than actual hearings.

The second kind of appeal is when a case is heard by a magistrate, hearing officer or other lower level court official who basically is sort of an "assistant judge". That officer works under an actual judge, and the decisions of that official can be appealed to their supervising judge. Those kinds of appeals are more like a "do over". The judge hears all of the evidence again and makes a decision based on the evidence. Those kinds of appeals are much less expensive.
We went through an informal hearing where I didn't even have to say anything. Basically it was where his attorney said they didn't want an increase and he (my daughter's father) got to state his case as to why he didn't think an increase was needed.

The states attorney said we don't agree, we want the state mandated amount of support and the judge (or at least I think was a judge) thought about what he said and decided for the state mandated amount. I didn't utter a word during the hearing and the state's attorney didn't say much either. In my eyes, it was him trying to persuade why he shouldn't pay it. Not a huge trial or anything.

Hope that helps! I would think it would be an appeal of the latter that you explained, but then again, I truly don't know.

Thanks for all the help. It's just a frustrating situation.
 

mdmother

Junior Member
We went through an informal hearing where I didn't even have to say anything. Basically it was where his attorney said they didn't want an increase and he (my daughter's father) got to state his case as to why he didn't think an increase was needed.

The states attorney said we don't agree, we want the state mandated amount of support and the judge (or at least I think was a judge) thought about what he said and decided for the state mandated amount. I didn't utter a word during the hearing and the state's attorney didn't say much either. In my eyes, it was him trying to persuade why he shouldn't pay it. Not a huge trial or anything.

Hope that helps! I would think it would be an appeal of the latter that you explained, but then again, I truly don't know.

Thanks for all the help. It's just a frustrating situation.
Well, my daughter's father did in fact contest the CS modification and is now asking for a new hearing. His new lawyer stated that because I moved in 2007,this made the daycare expenses change and therefore he is not liable for them and shouldn't be included in the calculations for CS. Also, he stated that his income that is calculated should not include his overtime. They took his W-2 and calculated everything from that.

I guess my questions are: Will he automatically be granted another hearing (de novo hearing according to the paperwork) or will the people who decide if he gets another hearing look to see if there is anymore information that wasn't presented? When calculating CS, is overtime pay included or excluded? I moved in 2007, gave him 60 days notification, he didn't have a problem, went with me to enroll her in her new school, and now that CS is being recalculated, he has an issue with me moving? What are the odds of him being able to get out of paying the daycare expenses?

Thanks so much for your help in this matter. You all are a wealth of knowledge and I appreciate it!
 

nextwife

Senior Member
Well, my daughter's father did in fact contest the CS modification and is now asking for a new hearing. His new lawyer stated that because I moved in 2007,this made the daycare expenses change and therefore he is not liable for them and shouldn't be included in the calculations for CS. Also, he stated that his income that is calculated should not include his overtime. They took his W-2 and calculated everything from that.
I guess my questions are: Will he automatically be granted another hearing (de novo hearing according to the paperwork) or will the people who decide if he gets another hearing look to see if there is anymore information that wasn't presented? When calculating CS, is overtime pay included or excluded? I moved in 2007, gave him 60 days notification, he didn't have a problem, went with me to enroll her in her new school, and now that CS is being recalculated, he has an issue with me moving? What are the odds of him being able to get out of paying the daycare expenses?

Thanks so much for your help in this matter. You all are a wealth of knowledge and I appreciate it!
His 2009 W2 may reflect overtime that his employer will not be offering this year..

Many businesses have cut back, so if overtime is an issue, his appeal may be to partially address the validity of requiring overtime to meet his CS obligation, especially if it is overtimne that can't be earned this year.

How is his industry doing in this economy?
 

rbw5147

Member
I am going to preface this with saying that I have been on both sides of this coin.


He is offering to increase his current support $100 a month. I know for fact, that you can stipulate in the order, that you will accept $500 monthly now, and as of ??/??/????, the amount will increase to $611 or whatever other amount is deemed necessary by the courts.


We are all struggling in this economy right now. In my experience, in the long run, you ususally end up getting alot more, when you choose to give some also. If you were to agree to something such as this and he failed to follow through with his responsibilities, you would also have all the legal documentation necessary to go after all unpaid monies due you and your children.


This is just a thought from me. One that I have first hand personally dealt with... and sometimes the little bitty bit of of consideration that one gives, pays back ten/fold in the end. Please not forget, THESE ARE OUR CHILDREN WE ARE talking here! Enough saidl
 

mdmother

Junior Member
His 2009 W2 may reflect overtime that his employer will not be offering this year..

Many businesses have cut back, so if overtime is an issue, his appeal may be to partially address the validity of requiring overtime to meet his CS obligation, especially if it is overtimne that can't be earned this year.

How is his industry doing in this economy?
He is a paid firefighter, so I assume the industry is doing okay as we are always in need of firefighters. That is me just assuming though. I am not sure if they are going to offer him overtime this coming year or not.
 

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