Appeal Child Support judgement

[JillianKelly]

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


After an application for child support modification and hearing. Modification was denied.

An appeal has been filed.

I know what an appeal is, BUT, what I want to know is what happens now? A court date has been set to hear the appeal, but does the court deal with the transcripts and information from the hearing last month, or do I need to bring my evidence with me again? (check stubs, reciepts etc..). Is it just like a duplicate of the last hearing? Can the petitioner bring new "evidence" or reasoning for the modification? Or is it just the petitioner wanting the court to review the last judgement and change it?

IDK why they would even do this if they cannot bring new evidence to the court, it was all very cut and dry, nothing out of the ordinary, the figures just didn't add up to the 20% raise indiana requires for mod. The only tidbit I can see making her angry is that the court entered minimum wage for her weekly gross income, and the check stub she brought claimed she only grossed $60.00 a wk waiting tables. (she refused to admit she made tips) But indiana uses "potential income", so they used min. wage.

Any advice? Really, I'm just looking for what to expect @ the actual hearing, How the child support appeals process work? not commentary on who should "win"What is the name of your state (only U.S. law)?

 

[Ohiogal]

Is this an appeal of an administrative order? An objection to a magistrate's decision? An appeal from a judge's decision?

 

[JillianKelly]

Well, I'm not really sure going by the terms you used. Like I said, other than knowing what an appeal is, I know no great detail about the process.

What I recieved in the mail is a hand written (by the petitioner) peice of paper that says "I _________ (petitioner) wish to appeal the judgement ordered on August 1, 2009. in the cause #________-______ (case info)"

Then it is signed and dated by the petitioner and has the court clerks official stamp on it. Then stapled to it, is another paperm this one w/ a county court house paper, that recaps what the petioner wrote and says "this order will be heard on September, 8 2008 @ 1 o'clock. You are summoned to appear and if you fail to appear this matter will be heard and judged in your absence" Then it is signed and dated by the county judge.

This is the only information I have leading into this.


**ETA** The more I dig through these forums, it seems like there should have been her reason for appeal given, maybe in the little appeal thing she wrote @ the clerks office??? Or is this some type of paperwork somewhere else, do I need to go digging for it @ the court house? Or do you think she can submit just saying "I wish to appeal....")???

 

[LdiJ]

Well, I'm not really sure going by the terms you used. Like I said, other than knowing what an appeal is, I know no great detail about the process.

What I recieved in the mail is a hand written (by the petitioner) peice of paper that says "I _________ (petitioner) wish to appeal the judgement ordered on August 1, 2009. in the cause #________-______ (case info)"

Then it is signed and dated by the petitioner and has the court clerks official stamp on it. Then stapled to it, is another paperm this one w/ a county court house paper, that recaps what the petioner wrote and says "this order will be heard on September, 8 2008 @ 1 o'clock. You are summoned to appear and if you fail to appear this matter will be heard and judged in your absence" Then it is signed and dated by the county judge.

This is the only information I have leading into this.

Based on the timeline it has to be an appeal from either an administrative order or from a magistrate. In that case, yes you do need the transcripts and the judge will review the previous decision, but new evidence can also be presented. Its a little bit of a "do over".

However, unless some major error was made in the calculation, don't expect it to change.

 

[JillianKelly]

thank you LdiJ, that is the information I needed!


***More info***7 years ago CS was raised in include normal child support plus daycare and preschool costs. Petitioner has since remarried and divorced. Shortly after the last modification, child was pulled from daycare and preschool and stayed w/ my parents for daycare free. I now, technically I could have modified, but didn't, thought I'd "leave well enough alone" if you will. And figured it was going to help support my child so I paid it. Well, now she is waiting tables at a high end resturant for technically $3 something an hour, but she has told my parents before she can pull around $40 an hour easy, but her chec stub and W2 say differently. But whatever. Point being, Indiana CS is pretty simple #'s in and #'s out. There are no special circumstance. In fact I got transcripts from last court, what she is wants mod for, she says, nothing she just wants "to be sure she's getting enough".

The subpeona for mod simply says due to wage increase and decrease. HERS has decreased, by her choice.

Well, judge imputed minimue wage, calling her willfully underemployed and my hourly rate, PLUS overtime, sic pay and bonus and the math still added up to $3 less than what she's been getting. I am employed by auto industry, we haven't gotten raises in about 3 years. I've been woring there for 13 years.

But I have no idea what she is appealing, unless she doesn't get the law and wants to argue that she doesn't gross that much?? Should I mention in court her tips and disability $$ for her younger son? I've used the calculator online and unless she comes up with something BIG, she can't get any more $. But in my head she's got to have something up her sleeve or why else would she bother? We have a case of sour grapes, she's mad, I get it. But that doesn't warrant wasting the courts time to me....Seeing my lawyer this afternoon.

 

[WittyUserName]

But in my head she's got to have something up her sleeve or why else would she bother? We have a case of sour grapes, she's mad, I get it. But that doesn't warrant wasting the courts time to me....Seeing my lawyer this afternoon.

You would be amazed at the amount of time spent in courts on Sour Grapes Cases. Sometimes stirring the pot is its own reward, depending on the party (or parties) involved.

 

[meanyjack]

But I have no idea what she is appealing, unless she doesn't get the law and wants to argue that she doesn't gross that much?? Should I mention in court her tips and disability $$ for her younger son?

You can "mention" it, but it would carry as much as what she "mentions." You would have to bring actual documentation. Plus, the disability $$$ she's getting for another child *I don't think* can be factored in.

Unless you want to go through the hassle of subpoenaing her pay stubs and whatever they calculate tips with (since many people put a tip on a credit card, I would think it would be easy to track...plus restaurants have to report tips of their servers, IIRC).

But that doesn't warrant wasting the courts time to me....Seeing my lawyer this afternoon.

As WittySaid, there are people who just like to appeal. I would make sure your lawyer, if s/he represents you, asks for her to be assessed all fees and the attorney's fees as well.

 

[JillianKelly]

You can "mention" it, but it would carry as much as what she "mentions." You would have to bring actual documentation. Plus, the disability $$$ she's getting for another child *I don't think* can be factored in.

Unless you want to go through the hassle of subpoenaing her pay stubs and whatever they calculate tips with (since many people put a tip on a credit card, I would think it would be easy to track...plus restaurants have to report tips of their servers, IIRC).


As WittySaid, there are people who just like to appeal. I would make sure your lawyer, if s/he represents you, asks for her to be assessed all fees and the attorney's fees as well.

Honestly I couldn't care less if she's raking in millions, if she'd just leave me alone. As long as my child is cared for, my ex can do as she pleases with her money. I was just worried she could some how pull off "poor me", "I only make $60 a week" and a sympathetic judge would make me make up for the fact she doesn't make decent $ and doesn't want to claim her tips. But Indiana is supposed to impute potential income, regardless. I just don't know if she knows that.

My lawyer actually told me today he would feel confident even if I wanted to go to court w/out counsel. As there is no real merit in the appeal. She didn't even list a reason on the papers she submitted. And the judge "will do everything in his power" to keep the judgement entered by the referee. My atty says he thinks she'd have to come up with some huge life altering change to change the current order.


The crappy news was, even if she doesn't like this outcome, she can appeal again.....and again...... Until the judge throws it out. My lawyer said maybe threaten a petition to claim the child on my taxes every other year would shut her up. I've never (13) years taken her as a deduction. I just don't get it, these people who LIKE to do this stuff, especially when there is no real reason, what a waste of time and taxes. Oh and I asked, as far as the disability check, I was told a portion of it could be considered as her income, if pushed but like I said, if it doesn't effect my support, I don't care about her $.

thanks previous posters for taking the time to answer me

 

[LdiJ]

Honestly I couldn't care less if she's raking in millions, if she'd just leave me alone. As long as my child is cared for, my ex can do as she pleases with her money. I was just worried she could some how pull off "poor me", "I only make $60 a week" and a sympathetic judge would make me make up for the fact she doesn't make decent $ and doesn't want to claim her tips. But Indiana is supposed to impute potential income, regardless. I just don't know if she knows that.

My lawyer actually told me today he would feel confident even if I wanted to go to court w/out counsel. As there is no real merit in the appeal. She didn't even list a reason on the papers she submitted. And the judge "will do everything in his power" to keep the judgement entered by the referee. My atty says he thinks she'd have to come up with some huge life altering change to change the current order.


The crappy news was, even if she doesn't like this outcome, she can appeal again.....and again...... Until the judge throws it out. My lawyer said maybe threaten a petition to claim the child on my taxes every other year would shut her up. I've never (13) years taken her as a deduction. I just don't get it, these people who LIKE to do this stuff, especially when there is no real reason, what a waste of time and taxes. Oh and I asked, as far as the disability check, I was told a portion of it could be considered as her income, if pushed but like I said, if it doesn't effect my support, I don't care about her $.

thanks previous posters for taking the time to answer me

The thing is, that people do have the right to appeal an order made administratively or by a magistate, and many of them just automatically do that if they do not get the result they want.

However I will tell you, high end restaurant or not, servers are not making the kind of money that they used to make. My daughter used to be a server, and she was hardly making any money at all for a while. I will also tell you that her employer would be reporting at least 10% of her sales as tip income on her paystubs and W2's as well. She could definitely be making more money than her paystubs and W2's imply, but these days, its not very likely that its a huge amount more.

 

[meanyjack]

But Indiana is supposed to impute potential income, regardless. I just don't know if she knows that.

You could always push for that, but I think it's too late for that since it's in the appeal process.

My lawyer actually told me today he would feel confident even if I wanted to go to court w/out counsel. As there is no real merit in the appeal. She didn't even list a reason on the papers she submitted.

I actually noticed that previously because you need to state a legal reason in a filing. I read it and I was thinking "great...she's appealing, but why again???"

What YOU can do is filing a response and ask the court to dismiss her appeal based on...and cite the statute(s) and/or legal procedure that REQUIRES a legal reason needs to be listed. Perhaps your attorney can help you locate it and if that statutes/procedure actually exists.

The crappy news was, even if she doesn't like this outcome, she can appeal again.....and again...... Until the judge throws it out. My lawyer said maybe threaten a petition to claim the child on my taxes every other year would shut her up. I've never (13) years taken her as a deduction. I just don't get it, these people who LIKE to do this stuff, especially when there is no real reason, what a waste of time and taxes. Oh and I asked, as far as the disability check, I was told a portion of it could be considered as her income, if pushed but like I said, if it doesn't effect my support, I don't care about her $.

Like LdiJ said, we all have a right to an appeal. And yes, she can fight it all the way if she wants, but at a certain point, it becomes financially foolish because just the amount of the filing fee is a deterrent. She'd be stupid to appeal after this because of the filing fee and over a few bucks (it sounds like). Unfortunately, some (losers with no life LOL) just like making lives difficult for others.

 

[pbc1234]

child support modification

Okay so I now have a question. I live in Texas, and because the ex wife and I have come to some indifferences now that I have recently remarried, she wants to make me follow the standard possession order. Now because of my work schedule and my wife’s daughters cannot follow the same visitations, I have decided to make modifications to the standard possession orders especially since they have changed to favor the non custodial parent. Once explained to the ex wife of my intentions, my ex wife decided to modify the child support.
So here is the deal with that. Even though I am married I am still living paycheck to paycheck. Yes I make about 4 dollars more an hour than when we originally started the divorce, I still live life in a dire straits. Now we live in apartment complex while my ex lives in a nice 2 bedroom 2 story duplex with a beautiful yard. Now she wanted to keep the house I bought and made sure she was awarded that in the divorce. However she lost that to foreclosure. Now I cannot buy one, especially right now that I am living paycheck to paycheck.
Since her family thinks that I am making more money than she is then I should be able to shell out tons more. When the the divorce was filed she was working as a teachers aid then obtained a job for a private medical transcriptionist and makes allot more now. How much I don't know. When my mother explained to her as to why I was wanting to make the modification she told her, her boyfriends father has 1.9 million and is prepared to help her in any way legally.
Now I only wanted to make the modification to make everything fair down the middle for the both of us when it comes to our child. I work one day a weekend and cannot spend the amount of time I want to with my child. It's only fair. Not only does she live about 38 miles away from where I live, but I have to make every amount of travel to and from to spend the time with my child. I only want us to meet in the middle on every aspect when it comes to my child.
However she has threatened to modify child support in retaliation to my modification to the standard possession order. You would think after 5 years we would be over that sort of thing. Now her family thinks I am ridiculous for not allowing my child to take part in sports activities and what not. I want my child to have every chance at that sort and much more, but to travel to pick her up, come home work and then take her to her function, come back home then only to return her home by 6:00 pm the next day is about 260 miles for one weekend. I am not rich, remember living paycheck to paycheck and that is for normal bills only. Not to mention she makes me wait to pick up my child at 6:00 pm on Fridays when I get off of work 3 hours prior to the pick up. So if you could, after reading all of this crudolla, tell me or give me advise as what to do in this case..

Thanks,
PBC

 

[TheGeekess]

So, if you have a question, you start your own thread. You don't hijack another's. And, yes, I'm talking to you, PBC1234.