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First to post! I do have a question

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VeronicaGia

Senior Member
What is the name of your state? CA

CA DCSS is enforcing the support order, and has automatic three year reviews. The automatic review will be this year.

Child will be 18-1/2 in June 2007. DH is considering filing for the modification this summer instead of waiting for DCSS to do it in order to take control of the situation instead of getting hit with modification papers when DCSS gets around to it.

If child is not emancipated by 18-1/2, and support goes to age 19, will DCSS file another modification for the last six months since the three year review will kick in again?

Also, DH works construction and his hours vary. Sometimes there is overtime, sometimes not. Does DCSS simply average pay in this situation? Is overtime considered?

Thanks. Nice new boards!
 


nextwife

Senior Member
VG, I don't know either, but I know CS doesn't always look at income in a way that is logical. Like only using the past three months - which only makes sense if the past three months is representative of what would likely happen in the NEXT three months. In some industries, a seasonal swing is normal and anticipated, and only an annual picture is at all represntative.

You and I both know that construction and retail, for example, change seasonally, EVERY YEAR, so three months of combined income in summer is not what three months in winter might be, and so on. Oh, and if interest rates go up as anticipated, new construction is very likely to slow down.Same with OT, just because the last three months (maybe milder weather, peak contruction time) offered much in OT opportunities, doesn't mean that come Nov, DEC & Jan, ANY OT is out there (at least where I live) in construction. I don't know. But if there is a way to push for an annual average to be used, I'd try to use that. Those of us who live with the seasonal ups and downs of our industries know that if you want the ups of that profession, you gotta take the downs as part of the package.
 

VeronicaGia

Senior Member
Exactly, can't easily do too much construction her in MI when it's 20 below actual temperature.

Well, my DH used to get paid by the job, not by the hour. Now his new job pays by the hour, not the job. It's still too new to tell if his income is going to come out about the same in the end. So, while he's basically working little overtime, he'd like to file a mod, or wait until November when he will once again not be working too much overtime. And since he didn't really have a job last year, now is the time to get those tax returns in to DCSS. You bring up another good point about interest rates and the possibility of construction not being what it could be this summer.

EDIT: Forgot to add that when figuring the last mod, his income was averaged and the attorney was very pleased with DH's calculations. May have to do that again, though it is a royal pain in the you know what.

And still hoping someone can tell me about the automatic review situation. Where is my friend IAAL? Has he forsaken me? :eek:
 

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