Child Support Modifications

[awood2009]

What is the name of your state (only U.S. law)? I am in Georgia

I have a few questions and any advice would be helpful

Here is the backstory leading into my questions...I have a 3 yr old son and a 2 yr old daughter with my ex husband. In our court order child support agreement he is to pay me $700 monthly in support for them. For the past 10 months he has only been paying me $600 per "he gives me all he can afford". He failed to tell me until August that he lost a job in May. He got unemployment but has since found a job that pays "under the table", which he doesn't tell me how much he gets paid now. I have also had a slight decrease in pay. The economy is rotten...so...

1. What is the best way to get modification based on both of our incomes changing, since he has no "paycheck" to have everything the way it should be.

2. Can I also have the $1000 over the last ten months included in this somehow? He has money to go play but no money to pay if you know what I mean...

*FYI, ex-husband and I have been divorced and the child support agreement has been in effect since Dec 1st, 2008. Not sure if this has any bearing or merit to the situation. Thanks!

 

[Proserpina]

What is the name of your state (only U.S. law)? I am in Georgia

I have a few questions and any advice would be helpful

Here is the backstory leading into my questions...I have a 3 yr old son and a 2 yr old daughter with my ex husband. In our court order child support agreement he is to pay me $700 monthly in support for them. For the past 10 months he has only been paying me $600 per "he gives me all he can afford". He failed to tell me until August that he lost a job in May. He got unemployment but has since found a job that pays "under the table", which he doesn't tell me how much he gets paid now. I have also had a slight decrease in pay. The economy is rotten...so...

1. What is the best way to get modification based on both of our incomes changing, since he has no "paycheck" to have everything the way it should be.

2. Can I also have the $1000 over the last ten months included in this somehow? He has money to go play but no money to pay if you know what I mean...

*FYI, ex-husband and I have been divorced and the child support agreement has been in effect since Dec 1st, 2008. Not sure if this has any bearing or merit to the situation. Thanks!

Is he paying through CSE or directly to you?

What is happening is that arrears are building up - they will not go away all by themselves. Because your order is over a year old (just...) you should be able to have file to have it modified. Bear in mind that without a paycheck there's a chance the amount will actually be reduced - but much may depend on what he's doing now, whether he's considered willfully un- or under-employed etc. and your own situation. There is also a good chance he will be imputed a wage.

I would give it a shot.

 

[awood2009]

Thank you VERY much for the quick response and advice!

He is paying directly to me, with a check, which is fine with me and him so we both have a record of deposit/withdrawl.

I am aware of the possibillty of reduction, and if that's the way it is for everything to be calculated properly by law, then so be it. I'm tired of beating a dead horse on my own accord.

In the modification paperwork should the arrears be included, or is that going to be a separate motion/order/whatever-legal-lingo-i-don't-know-lol.

How do I go about the under-/un- employment issue? If I know the company, the location, the owner, a phone #, etc will any of this information be useful?

More backstoryUnfortunately he is employed by a man we are mutually friendly with that owns his own business. I certainly don't want to rock the boat with my friendship with the man's wife (the man who owns the business is not the man who isn't paying CS properly, you know what I mean?))

 

[TheGeekess]

"The Georgia Department of Human Resources, Office of Child Support Services (OCSS) helps children by enforcing parental responsibility to pay financial support.

All Georgia families have access to OCSS services, which include assistance with locating non-custodial parents, confirming paternity, establishing and enforcing child support and medical support orders, and collecting and distributing payments. OCSS also provides the Georgia Fatherhood Services Network and the Access and Visitation Program, both devoted to increasing non-custodial parent involvement in a child’s life."
Home

"CHOOSE BELOW THE CHILD SUPPORT WORKSHEET THAT WORKS BEST FOR YOU.

All versions of the Electronic Worksheets, web based and Excel, are available for use. The web based electronic, Excel electronic, and paper and pencil versions available to you here are the most current versions and are periodically updated as design enhancements are completed. You should periodically visit this site to check for an updated version of the Excel worksheet to download."
Georgia Child Support Commission

 

[LdiJ]

Thank you VERY much for the quick response and advice!

He is paying directly to me, with a check, which is fine with me and him so we both have a record of deposit/withdrawl.

I am aware of the possibillty of reduction, and if that's the way it is for everything to be calculated properly by law, then so be it. I'm tired of beating a dead horse on my own accord.

In the modification paperwork should the arrears be included, or is that going to be a separate motion/order/whatever-legal-lingo-i-don't-know-lol.

How do I go about the under-/un- employment issue? If I know the company, the location, the owner, a phone #, etc will any of this information be useful?

More backstoryUnfortunately he is employed by a man we are mutually friendly with that owns his own business. I certainly don't want to rock the boat with my friendship with the man's wife (the man who owns the business is not the man who isn't paying CS properly, you know what I mean?))

Here is what may very well happen if you file....

You file for contempt because he is paying only 600.00 a month when he is ordered to pay 700.00 a month. He then files for a modification of child support based on the fact that he is "unemployed". You will then unfortunately have to either rat out the fact that he is working for a mutual friend, and possibly even have to subpeona the mutual friend to testify, and deal with the fallout from that, or you will end up with a possibly drastically reduced amount of child support.

Personally, as long as he continues to pay the 600.00 a month, I would leave it alone for now. Yes, you will be letting him get away with disobeying the court order, but in all reality, you are probably better off than the alternative.

When he gets an official job again, you can deal with the arrearages then. Your mutual friend won't be able to afford to pay him under the table forever.

Its also possible that your mutual friend will give him a 1099 for the income and that income will be included on his tax return. If that happens, then you will be able to deal with things sooner rather than later. That also isn't "under the table" income.

 

[awood2009]

child support modifications

I am Georgia...

I posted about two weeks ago and got great advice. Decided to let it go about the modification to restructure the child support ex refuses to pay in full every month since ex has had no provable income since he's working for cash for a friend, well things have changed need next step in action.

Found out directly from his mouth to his significant other I heard this verbally saying "yes honey, I remembered to call umemployment today to make sure I get my benefits for the week." So...he is claming he can't pay me the full cs amount, but he's getting unemployment AND now has a full time job...just not with recordable income. Now what???

 

[Proserpina]

I am Georgia...

I posted about two weeks ago and got great advice. Decided to let it go about the modification to restructure the child support ex refuses to pay in full every month since ex has had no provable income since he's working for cash for a friend, well things have changed need next step in action.

Found out directly from his mouth to his significant other I heard this verbally saying "yes honey, I remembered to call umemployment today to make sure I get my benefits for the week." So...he is claming he can't pay me the full cs amount, but he's getting unemployment AND now has a full time job...just not with recordable income. Now what???

Well, you have the same choice as before. You can accept the amount he's currently paying or you can file for contempt...but as LdiJ mentioned, if you do that there's a chance he'll file for a downwards modification and you'll end up with even less than you're currently getting. The only part I disagree with is where it's suggested that your friend won't be able to pay your ex under the table forever - unfortunately that is possible.

There's no guarantee that the order will be modified one way or the other.

 

[awood2009]

So I am pretty much screwed. Is there anything I can do? He's so sneaky...but that is besides the point. I mean, I don't want my friend to lose his company but I want my children's father to do what he's supposed to do!

 

[Proserpina]

So I am pretty much screwed. Is there anything I can do? He's so sneaky...but that is besides the point. I mean, I don't want my friend to lose his company but I want my children's father to do what he's supposed to do!

Do you actually KNOW that your friend is paying him under the table? Do you KNOW that your friend won't be giving your ex a 1099?

 

[nextwife]

I am Georgia...

I posted about two weeks ago and got great advice. Decided to let it go about the modification to restructure the child support ex refuses to pay in full every month since ex has had no provable income since he's working for cash for a friend, well things have changed need next step in action.

Found out directly from his mouth to his significant other I heard this verbally saying "yes honey, I remembered to call umemployment today to make sure I get my benefits for the week." So...he is claming he can't pay me the full cs amount, but he's getting unemployment AND now has a full time job...just not with recordable income. Now what???

He has a job, but is he generating an income? Both my husband and I worked in industries where work generated today would not actually bring in INCOME for some months. Example: I was paid on commission, not when it sold, but the month FOLLOWING when the customer to whom I sold paid THEIR invoice. My husband gets orders, but then doesn't see any income from it until he creates the product, delivers it, sends the invoice and THEN gets paid, a lengthy process. Matter of fact, has an OUTLAY first of about 40 to 80% of the cost of the item (bigger orders, smaller mark ups).

 

[Proserpina]

He has a job, but is he generating an income? Both my husband and I worked in industries where work generated today would not actually bring in INCOME for some months. Example: I was paid on commission, not when it sold, but the month FOLLOWING when the customer to whom I sold paid THEIR invoice. My husband gets orders, but then doesn't see any income from it until he creates the product, delivers it, sends the invoice and THEN gets paid, a lengthy process. Matter of fact, has an OUTLAY first of about 40 to 80% of the cost of the item (bigger orders, smaller mark ups).

That is an excellent point!