downward modification less than 20 days after new order

[special mom]

What is the name of your state? Maryland

I went for a modification of support 5/06, it was granted but we had to return to revisit the NCP’s income since he provided no documentation in May. On 9/22/06 we had our hearing and the master imputed him an income. He did not file a motion for exception within the 10 day period so the order was filed with Child Support on 10/10/06. I received a copy of his petition to modify support in the mail today that was filed on 10/26/06.

I called the Child Support office and was told that the 3years or 25% rule didn’t apply since he hadn’t filed the original modification and he was perfectly within his rights to file for a downward modification.

The reasons listed in the petition were as follows:

1. Income has substantially decreased. (Explain) “I am only making $500.00 per week. I lost my business. I will no longer be able to make the money that I was.” (Still the same income he gave master in 9/06.)

2. Other changes have occurred. (Explain) “Head of household with a 3rd child. Child care for 3rd child.” (He and his wife had 1 child together, but he's trying to claim her other 2 as well.)

3. Also on the financial statement, he listed his support for other children as the amount ordered for an older daughter plus arrears, making it look like it’s over ½ his supposed gross monthly income.

I have posted on this site before, so if you need any more information, it’s probably in previous posts. Here is my question. Is there any way I can counter this with the evidence presented at the 9/22/06 hearing so I won’t have to lose another days pay to go back to court? Also, I know that none of you have a crystal ball, but does this sound like it will work for him?

Thanks,

Special Mom

 

[wondreing]

The way I read his second reason for filing for downward modification is because he has a third child and daycare expenses for this third child. I assume he has one child with you and an older daughter with another woman, plus this third child with his present wife. I don't think he is trying to claim he supports her two children too, and they probably wouldn't count them anyway since he isn't responsible for their support. So really the only thing that has changed since you filed for modification seems to be that he wants to show that he also has a child support order in place for another child and see if he gets credit for the child he has from his current marriage, since he didn't dispute the income they gave him.