? About Support Order

[hambirg]

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

My ex (we are still legally married but living separate for 3+yrs) had our support order modified to $175 a month for 3 kids. I believe he pays a little more because some goes to the state. BUT I was looking it over the other day and it says on there. . ."Mother present by phone" or something to that nature. I was NEVER present by phone. In fact, I was working 60+ hrs a week at the time and had talked to someone before the date that I would not be able to attend. I was told that they would call on that day, but they never did. I just received the order in the mail showing that he was given everything he proposed. Soooo. . .I'm quite suspicious about this. I don't know anything about these types of hearings. Would it have been recorded? Do I just simply file for another modification now that he's working? The reason I was asking about the above though is because, to be honest, him and his GF are both dumber than a box of rocks. I would not be surprised if she was on the phone that day posing as me and agreeing to everything he wanted. It also shows my income as 0(which would make his obligation less) but. . .uh. .. I was working at the time! It just all seems weird to me. How do I go about addressing this?

 

[mistoffolees]

Dumber than a bunch of rocks? He was smart enough to get what he wanted.

Start by reading the notice you received. Everyone I've ever seen says that you would have to call in - they're not going to call you. So you are probably the one who failed to call in.

Support orders can be changed when two requirements are met - a change in circumstances and/or a certain amount of time has elapsed. Google your state rules or call CSE to see when you will be able to re-file.

 

[stealth2]

Ditto, misto. Dad won by default - regardless of why you didn't appear (in person or telephonically), you didn't appear. So he got what he asked for. Properly.

 

[hambirg]

Ok. . I understand that he got what he wanted. . .but if the order says I was "present by phone" how is that a default? The order does NOT say that he got what he wanted because of my failure to appear. . .it says I was present (by phone). And I guess I can just go through the modification again, because he wasn't working at the time, but now is. I still think it's weird that it says I was present and not that I didn't appear. Could that possibly be just a mistake?

 

[stealth2]

Of course it could be a mistake. The form was filled out by a person. They sometimes make errors.

 

[mistoffolees]

Ok. . I understand that he got what he wanted. . .but if the order says I was "present by phone" how is that a default? The order does NOT say that he got what he wanted because of my failure to appear. . .it says I was present (by phone). And I guess I can just go through the modification again, because he wasn't working at the time, but now is. I still think it's weird that it says I was present and not that I didn't appear. Could that possibly be just a mistake?

It's likely to be just a mistake.

It is, of course, possible that he had someone call in and pretend to be you, but if you had called in as required, that wouldn't have been possible. Of course, it is unlikely that he'd have tried that because if he tried it and you called in, he would have been in big trouble.

I vote for mistake. You can, however, request a copy of any documents in your file. I doubt if there will be transcripts unless someone paid for the hearing to be recorded.

 

[EnforceSupport]

OP, call the court and obtain a copy of either the electronic recording of the session (cassette tape), or, a transcript (which will cost you a few bucks, depending on lenghth.)

In that way, you can determine whether there was a misrepresentation as to your presence. If so, you can probably do something about this mess. If not, and, if you had proper notice of the hearing, you're probably out of luck until you can have the last order modified.

 

[hambirg]

I wanted to come back and let you know that I talked to the case manager (if that's what they're called) and she said it was likely a mistake. I think I will try and get a transcript anyway. The ex knew there was no chance of me being able to call in that day. I drive for a living and it is against company policy to be on the phone, even a bluetooth, while working. I called the court as soon as I found out I wouldn't be able to get the time off. There is more of a backstory. . .ex's gf has called my job posing as a client to say that I was under the influence while I was driving her. The supervisor she spoke to wasn't really believing her so they checked my client list and found I never drove her and she isn't a client of the company (I drive para-transit where all riders have to be qualified). She gave her real name. . .rofl! So when I was called in by the supervisor, the first thing he asked is if I knew her. . .why yes, she's my ex's crazy gf, why? It gets worse. . .last week she called CPS on me. Of course the social worker did her job. . .interviewed my kids at school, interviewed me in my home, talked to others that know me. . .and her conclusion was I need to file an anti-harassment order. They claimed that they take the kids all the time, try to see them every chance they get. Little did they know I've been keeping a log. They have had them for one evening (about 4hrs) one day since the beginning of August. I have never denied them visitation, even when they have just showed up unannounced and have wanted to take the kids, I let them go. So anywhoo. . .there is a reason I am so paranoid. But it's ok. . .there giving me lots to build my case with. I will be able to ask for a CS modification in Dec. and at that point I would like to have it court ordered, as opposed to the administrative order it is now. I was told that locks it in for 3 years. He is currently paying $170ish for 3 kids. When I ran the numbers just based on our incomes it came out to roughly $800.

 

[rbw5147]

Everytime that I have been in court for CS cases (which has been several times over the last 10 years), the judge or magistrate calls the party that can't be present. I've never been present when the other party had to call in themselves. Think about it. How often do those courts actually run on time?


I've been on both ends of it. If I couldn't be present, the court would call the day before or even earlier in the day and give me a time frame to be ready to receive the call.


If it's not too late to appeal the decision and a new date is set, perhaps you could ask the court to do the same and give you a time frame that you could be ready to accept the call and be "present and heard" in court.

 

[mistoffolees]

Everytime that I have been in court for CS cases (which has been several times over the last 10 years), the judge or magistrate calls the party that can't be present. I've never been present when the other party had to call in themselves. Think about it. How often do those courts actually run on time?


I've been on both ends of it. If I couldn't be present, the court would call the day before or even earlier in the day and give me a time frame to be ready to receive the call.


If it's not too late to appeal the decision and a new date is set, perhaps you could ask the court to do the same and give you a time frame that you could be ready to accept the call and be "present and heard" in court.

An appeal is likely to be expensive. In addition, OP would have to show that she was available and the court didn't call. From what she said, even if the court called while she was driving, she couldn't have answered the phone. She would not likely get an appeal on those facts, anyway.

Also, she is able to request a modification in December. That's probably sooner than she'd ever get an appeal and new hearing, anyway.

 

[hambirg]

Thank you. I will check into that. In my OP I said what you are saying is what I was told. . .they will call me. . .and they never did. Worse case scenario is I have to wait until December to get a new modification. But I am curious as to what happened that day.

ETA-

An appeal is likely to be expensive. In addition, OP would have to show that she was available and the court didn't call. From what she said, even if the court called while she was driving, she couldn't have answered the phone. She would not likely get an appeal on those facts, anyway.

Also, she is able to request a modification in December. That's probably sooner than she'd ever get an appeal and new hearing, anyway.

Sorry, I didn't see your post. If an appeal is costly and time consuming, I guess December is my best option. Thanks.