Child support question

[usedstepmom]

What is the name of your state? Texas
My husband was served with papers (modification) 8-04 sent required information but we never heard until October of 2005. My husband got a raise in September of 2005. We are trying to figure out why they did not go by the financial information we sent them in 2004. Now they are going by the date of service for the modification, but using his most current pay stubs to calculate the modification. Is this the way it is typically done? It seems like they could at least go by the initial information we provided instead of sticking it to us even more! It's really frustrating because he has never missed on his payments in almost 17 years and is actually ahead and still treat him like a dead beat dad!!! Could someone please explain this? Thank you....

 

[ceara19]

Are you dealing with the Attorney General's office or an actual judge?
What information have you given?

 

[usedstepmom]

The AG's office. We have provide his last 12 months pay stubs and the 04 tax return.

 

[ceara19]

The AG's office. We have provide his last 12 months pay stubs and the 04 tax return.

Give the AG's office the last 3 years tax returns or his Social Security Benefits Statement (Everyone with a SS# gets one a couple of months before thier birthday.)
One of those 2 item are what they SHOULD be using. If they don't, then your husband has every right to ask for a hearing in front of a judge.

 

[stealth2]

I'd likely ask to have it heard by a judge. When I filed for a mod, my ex was making about 3 times what he was at the time of the original order (we're talking low 6 figures to start). Several delays later, he was making about half the new figure. While the change was voluntary, it had the potential for increased income in the future (I do agree with this). The judge ordered a higher mod for the period between filing and the income drop, and then a different mod from the income drop. Seemed fair to me, at least.

In your husband's situation, it would seem fair to take into account the increase in income only once it went into effect.

 

[usedstepmom]

another question...

We haven't gotten all the paperwork returned yet and we have not been able to look through it, but I know they went from the date my husband was served to calculate the modification, but they also said that he needed to pay an extra 3600 in arrears! He is ahead by 4000..... has never had an arrearage of any kind. I don't know where they are getting that figure. Plus, the mom has the daughter on state insurance (CHIP) when my husband has always covered her on his insurance. The courts surely would frown on this type of action by the mother.....

 

[LdiJ]

What is the name of your state? Texas
My husband was served with papers (modification) 8-04 sent required information but we never heard until October of 2005. My husband got a raise in September of 2005. We are trying to figure out why they did not go by the financial information we sent them in 2004. Now they are going by the date of service for the modification, but using his most current pay stubs to calculate the modification. Is this the way it is typically done? It seems like they could at least go by the initial information we provided instead of sticking it to us even more! It's really frustrating because he has never missed on his payments in almost 17 years and is actually ahead and still treat him like a dead beat dad!!! Could someone please explain this? Thank you....

Actually, since they are just getting around to doing a recalculation now it makes sense to me that it would be based on current income, rather than past income.

If you are worried about arrearages (going back to the date of filing) then argue that issue with the judge. Its not your husband's fault that someone dropped the ball on the case. However its fair that a calculation be based on what he is currently earning....unless the earnings are unsually high for some specific reason, and are unlikely to continue.

 

[usedstepmom]

Actually the August date is when he was served with papers for a motion to transfer to her county. Is that the same as the date of service for modification as well? I don't know if you can do one without the other....

 

[ceara19]

Actually the August date is when he was served with papers for a motion to transfer to her county. Is that the same as the date of service for modification as well? I don't know if you can do one without the other....

Now that the year is over, at the very least the judge will want to know his income for 2005. If it were me I would not take the AG's figures at face value unless you are positive it's right. I've had 5 different case workers all looking at the SAME income figures and come up with 6 different numbers (one admitted they were wrong after arguing with me for 2 weeks and then came up with a different number that was still wrong). Your husband has every tight to see the judge no matter how hard the AG's office tries to bully him out of it.

 

[usedstepmom]

Just curious as to why the AG's office wants to enforce the child support, but not visitation. It seems that it is in the best interest of the child to have a relationship with both parents. It is WAY onesided in our case. My husband has to pay, but NEVER gets visitation......

 

[Whyte Noise]

Because the AG's office only represents the state. They don't represent either parent in child support modifications, they are just a "go between". They don't handle custody issues, only child support.

 

[usedstepmom]

It certainly seems like they are on the custodial parent's side! I understand what you're saying though.....

 

[ceara19]

It certainly seems like they are on the custodial parent's side! I understand what you're saying though.....

I'm a custodial parent and can vouch for the fact the AG's office is NOT on my side. Many time they do not act in teh best interest of anyone's best interests but the state.

Since your husband HAS been paying faithfully all these years, he's an easier target than someone who has avoided paying child support. Each year they release a report detailing how much Child support their office has collected. What they fail to disclose is how much of this money is "collected" from parents who had been paying before the AG ever became involved. They also don't release the figures of how much CS they FAIL to collect each year.

 

[raisin3]

We haven't gotten all the paperwork returned yet and we have not been able to look through it, but I know they went from the date my husband was served to calculate the modification, but they also said that he needed to pay an extra 3600 in arrears! He is ahead by 4000..... has never had an arrearage of any kind. I don't know where they are getting that figure. Plus, the mom has the daughter on state insurance (CHIP) when my husband has always covered her on his insurance. The courts surely would frown on this type of action by the mother.....

I'd be one to tell you that they don't in the state of PA. My husband was paying support for one child and med/den coverage. I had my stepson covered under my dental ins as well because he was getting braces (or should i say already had them on and billed by the time we knew anything about it). Anyway, even with both insurances my husband still had to pay his portion (ok, fair enough RIGHT?) well come to find out the mother had insurance but never relayed it to Domestic Relations so I told my husband not pay on it anymore that with her insurance it would cover the remaining balance. He notified DRO right away her act to commit fraud. THEY DID NOTHING. But when she came in she filed contempt for non payment of the ortho bill. Well, all in all it never really went all the way through to a court hearing because she asked him to give up his parental rights so her new husband could adopt their son. I know it sounds harsh that a biological father would do that. He's not a dead beat father either, he has ALWAYS paid her, never argued over any other requested money for their son, but never got to see him unless we spent thousands of dollars to get a lawyer. Which we didn't have because he paid so much in child support and we have 3 children of our own that we were trying to support. Don't get me wrong, I STRONGLY BELIEVE THAT A FATHER SHOULD BE RESPONSIBLE FOR SUPPORT OF A CHILD WHETHER HE IS A PARTICIPATING FATHER, but I don't believe the mother should take a vengence!! By the way, she also falsified day care expenses which we are in the process of suing her for along with filing charges of theft by deception. We have been told by two well known lawyers in our county that our case is pretty solid. Good luck, you (as a stepmother) are in tough position with all this right now.