Attempting to Modify

[CMSC]

What is the name of your state? NE


After 6 years of getting $100/month in child support for 2 children (total not $100/child) I'm attempting to modify my order. The county attorney's office however, doesn't seem to confident. My ex has held down a job the last 3 years and paid support regularly. The day he got the notice for the modification he quit his job and decided to become a truck driver and is having a friend teach him to drive truck.

The county attorney says a judge "can" raise it according to what he made the past 3 years, but she doesn't sound like they even want to pursue it since he is behind now (just by a month) and not working (so he claims).

I'm curious, is the law now based on a case by case basis? The judge order a minimal support order 6 years ago because my ex claimed to have no job. Is the judge supposed to take into account the past work history of my ex and base the modification on that OR on the amount he "may" make driving truck?

Thanks!

 

[ceara19]

What is the name of your state? NE


After 6 years of getting $100/month in child support for 2 children (total not $100/child) I'm attempting to modify my order. The county attorney's office however, doesn't seem to confident. My ex has held down a job the last 3 years and paid support regularly. The day he got the notice for the modification he quit his job and decided to become a truck driver and is having a friend teach him to drive truck.

The county attorney says a judge "can" raise it according to what he made the past 3 years, but she doesn't sound like they even want to pursue it since he is behind now (just by a month) and not working (so he claims).

I'm curious, is the law now based on a case by case basis? The judge order a minimal support order 6 years ago because my ex claimed to have no job. Is the judge supposed to take into account the past work history of my ex and base the modification on that OR on the amount he "may" make driving truck?

Thanks!

Judges can deviate from the guidelines, but in most cases, his recent work history would be used to set child support. Unless, of course, something recently occurred (like a disability) that would make it impossible for him continue working in his current field.

 

[slimshady]

Is the judge supposed to take into account the past work history of my ex and base the modification on that OR on the amount he "may" make driving truck?

Just an FYI....unless NE is NOT an "income shared" state when it comes to calculation, YOUR work income history also comes into play. It's not one person's responsibility when it comes to supporting a child, despite what some CP's seem to think.

 

[CMSC]

Just an FYI....unless NE is NOT an "income shared" state when it comes to calculation, YOUR work income history also comes into play. It's not one person's responsibility when it comes to supporting a child, despite what some CP's seem to think.

Thanks for the FYI, it is an income shared state and I have been working. I don't recall every saying it was just one persons responsibility, hence the reason I'm a bit aggrevated he can up and travel the country while not supporting his kids emotionally and financially.

 

[slimshady]

Thanks for the FYI, it is an income shared state and I have been working. I don't recall every saying it was just one persons responsibility,

No, but the way you worded it:
"Is the judge supposed to take into account the past work history of my ex and base the modification on that OR on the amount he "may" make driving truck?
The amount of support owed is based on what you BOTH make. (and other factors like medical, etc.) So if you are making more money, that will be a factor.

hence the reason I'm a bit aggrevated he can up and travel the country while not supporting his kids emotionally and financially.

He is supporting his kids financially. There is an order for support and he's paying it per the order, as you stated. Just because it's not what you think it should be does not mean he's not supporting them. As far as emotionally, that's irrelevant in child support issues. Let's not spin this.

 

[CMSC]

No, but the way you worded it:
He is supporting his kids financially. There is an order for support and he's paying it per the order, as you stated. Just because it's not what you think it should be does not mean he's not supporting them. As far as emotionally, that's irrelevant in child support issues. Let's not spin this.

Actually if you would read my post correctly I clearly stated once he got the papers about the modification, he quit his job. He is behind by 4 months but due to an accounting error early on he had some credit, so he is just now getting behind.

I love posters like you. Trust me I've been on the boards long enough for most to know I'm not some money-hungry CP, obviously since I haven't attempted a modification in 6 years.

 

[CMSC]

Judges can deviate from the guidelines, but in most cases, his recent work history would be used to set child support. Unless, of course, something recently occurred (like a disability) that would make it impossible for him continue working in his current field.

Thank you for answering the question. There is no disability or anything other than he's bored w/working and wants a new career. I just wondered if they would modify based on previous work wages or possible current. Thanks again.

 

[ceara19]

Thank you for answering the question. There is no disability or anything other than he's bored w/working and wants a new career. I just wondered if they would modify based on previous work wages or possible current. Thanks again.

It should be based on his PREVIOUS income because that is provable income. What he MIGHT earn driving a truck is nothing more then a guess. He MIGHT be able to earn $5 million a year as a plastic surgeon but he's not earning that now and he has never earned it in the past. He may never actually work as a truck driver either.

 

[Gracie3787]

What is the name of your state? NE


After 6 years of getting $100/month in child support for 2 children (total not $100/child) I'm attempting to modify my order. The county attorney's office however, doesn't seem to confident. My ex has held down a job the last 3 years and paid support regularly. The day he got the notice for the modification he quit his job and decided to become a truck driver and is having a friend teach him to drive truck.

The county attorney says a judge "can" raise it according to what he made the past 3 years, but she doesn't sound like they even want to pursue it since he is behind now (just by a month) and not working (so he claims).

I'm curious, is the law now based on a case by case basis? The judge order a minimal support order 6 years ago because my ex claimed to have no job. Is the judge supposed to take into account the past work history of my ex and base the modification on that OR on the amount he "may" make driving truck?

Thanks!

As was stated, the court *should* impute income based on past earnings, which is what you should push for.
I noticed that his friend is teaching him to drive, and I can see some problems coming up. First, there isn't a trucking company (of any real size) that will hire a new driver who hasn't been formally trained thru an accredited school. Second, whether he plans on bneing a company driver(using a company owed truck) or an owner-operator, he will most likely make very little money for the first few years. Third, if he plans to be an owner operator he'll be able to easily hide his true income by over inflating his operating costs. There was a time that truck drivers made real good money, but with new laws and the price of fuel, etc. most drivers are real lucky to make $25k a year. So be sure to push for proof of his income and what he can actually earn driving, it sounds like he's making this a long drawn out process by not going to an accredited school. Also, most large companies recruit new drivers by offering to pay for the training.