Child Support Modification - Up or down?

[troutette]

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

My final judgment doesn't say how child support was calculated. All I do know is that I was unemployed at the time. Since that time (4 years ago), I have worked jobs, on and off (full-time and self-employed). In the last six months I have hot no income from self-employment. Work totally dried up and I have been actively searching for full-time, outside employment.

I was offered a full-time position two months ago but had to decline the offer because my ex (NCP) refused to keep my daughter an extra 30 minutes two times a week. He said it was not his problem and to "knock myself out" going back to court to change it. My ex-attorney sent a letter to his attorney asking that we try to mediate this issue. Two months have gone by and there has been no reply from him.

I have been living off loans and gifts from family and friends.

I have since filed a petition to modify time-share plan Pro Se. Would like court to award this extra time should another offer be made for full-time work conducive to a regular business day (9-530). Will the judge offer this time as a "blanket" time since I already had to turn down a job and could very well be offered another job?

I also filed a motion for temp increase in child support until I secure a position and also a sum for partial lost wages due to NCP's refusal to work with me on those extra few minutes 2 times per week.

Am I asking for the impossible? Will the court see him as being so unreasonable as to refusing not to work on those few minutes so I could take a full-time position and grant me the changed schedule and request for temp support?

Also, What happens if I am offered a small self-employed project during the time waiting for judge to hear case? How would I file a notice to the court to show this change? Financial Affidavit and Child support guidelines have not yet been filed?

 

[Ohiogal]

You ned an attorney especially with this:

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

I was told that a man I was a caregiver for was poisoned with cyanide. This was in June of last year. He didn't die from it, but is now terminal in hospice dying from something else. We severed ties shortly after the cyanide incident because he was using crack and alcohol and became angry and delirious.

Apparently he told the police that I poisoned him. I have not heard from the police at all.

Six months later now and I am being told by friends of his that he did indeed tell the police it was me and that the police are investigating. I was told I had motive since his will at the time left everything to me.

Should I expect the police to come to me for questioning? Is it possible that their investigation would take this long before they come to question me?

If questioned, what is the liklihood of them arresting me with no evidence? I DID NOT DO THIS. Would it be an attempted murder investigation or something else?

What was your self employment that has dried up? In home caregiving?
Apparently so per https://forum.freeadvice.com/child-custody-visitation-37/received-motion-dismiss-supplemental-petition-modifcation-parent-plan-498004.html:

The issue with accomodating the change in schedule is that the pick up time is not conducive to a 9-530 working schedule. I have been unemployed for 6 months. I am having trouble believing that a judge wouldn't grant me these extra few minutes so I am able to secure full, outside employment. My ex is the owner of his own restaurant and has the flexibility to keep her those 20 minutes.

The schedule was put in place 4 years ago when FH was opening his establishment and needed extra time to devote to it. My daughter was also only 22 months at the time. I worked part time then, but now that she is in school and alimony has ended, I need to secure outside work.

The judge would not see that is a substantial change in circumstances to award favor in the petition?

A court will end up looking at the fact that you may be VOLUNTARILY unemployed due to the incident with the cyanide poisoning accusation. And if charges are filed, look for your ex to move for custody. Also the other issue is you better be able to show how ex is responsible for you losing the job and not the accusation that you may have attempted murder against someone.

Your history shows a lot more than just this one thread and it all can impact.

You are asking for the impossible however. You will NOT get lost wages. You will be expected to arrange child care quite frankly on your time. Your inability to do so is NOT your ex's fault nor problem.

 

[troutette]

You ned an attorney especially with this:


What was your self employment that has dried up? In home caregiving?
Apparently so per https://forum.freeadvice.com/child-custody-visitation-37/received-motion-dismiss-supplemental-petition-modifcation-parent-plan-498004.html:



A court will end up looking at the fact that you may be VOLUNTARILY unemployed due to the incident with the cyanide poisoning accusation. And if charges are filed, look for your ex to move for custody. Also the other issue is you better be able to show how ex is responsible for you losing the job and not the accusation that you may have attempted murder against someone.

Your history shows a lot more than just this one thread and it all can impact.

You are asking for the impossible however. You will NOT get lost wages. You will be expected to arrange child care quite frankly on your time. Your inability to do so is NOT your ex's fault nor problem.

Self employment was administrative work. Care giving was on own time.

I was told by attorney that I have nothing to worry about in the case of the poisoning. I ABSOLUTELY have had a clean record my whole life.

If charges were filed, I would absolutely want my ex to take her during the that time. Can't believe that he would fight for permanent custody when he is constantly turning down extra visitation.

What about temporary increase in child support until I do get work?

My proof of him not working with me is his emails to deny this time to me.

 

[Ohiogal]

Self employment was administrative work. Care giving was on own time.

I was told by attorney that I have nothing to worry about in the case of the poisoning. I ABSOLUTELY have had a clean record my whole life.

If charges were filed, I would absolutely want my ex to take her during the that time. Can't believe that he would fight for permanent custody when he is constantly turning down extra visitation.

What about temporary increase in child support until I do get work?

My proof of him not working with me is his emails to deny this time to me.

He denied this time to you? He does NOT have to accept it. That is what you do not understand. YOU are responsible for daycare on YOUR time. You are responsible for making sure the children are watched on your court ordered time. And you unemployed. That doesn't mean HE will pay more. You cannot get child support increased because YOU are not working. It doesn't work that way. And just because you have a CLEAN background doesn't mean you won't be charged with this crime. It depends on the evidence they have.

 

[Gracie3787]

Have you already filed for both the time sharing and CS modifications?

If not, you should get a consult with an attorney before you do file.

First, a court cannot force a NCP to take more time with their child, so the court is not going to order an increase in time unless ex asks for it.

Second, by law, you will have to be imputed with an income at least equal to what you had been earning, so unless ex has had a significant increase in income, your CS is likely to either stay the same or even go down if a lessor income is imputed to you.