CJane
Senior Member
What is the name of your state (only U.S. law)? MO
Just an update/informational thread.
In MO, you can request an evaluation of an administrative child support order every three years w/out showing a change in circumstances. If DSS finds that the child support amount would change by more than 20%, they will modify the order.
Time line:
June of 2009 -- 3 years had passed, so I requested an evaluation. The original amount was set w/out including child care or health insurance, so I was really hoping, based on the numbers that I'd played around with, that child support would go from $318/month to $450-$500/month.
August 2009 -- Twain's father and I were both served with the proposed modification. It was quite hefty. (an increase of almost $500/month -- $760)
Once served, either parent can dispute the proposed amount, provided they do so in writing within 30 days of being served. Ex did (and who can blame him?).
He also hired an attorney.
November 2009 -- An administrative hearing took place. We were first given the opportunity to attempt to come to an agreement w/out the involvement of the hearing officer. Ex's attorney tried to convince me that I was running a "huge risk" by not agreeing to their offer of $365/month. He was quite adamant that Ex's obligation would actually go DOWN and I would have shot myself in the foot by insisting on going forward with the hearing.
We spoke with the hearing officer, and a continuance was requested by Ex's attorney - and granted.
March 2010 -- Second hearing. Again, we had the opportunity to attempt to reach an agreement. At this point, Ex's attorney said that he'd "heard" that my "paramour" was willing to adopt Twain, and Ex would "happily" terminate his parental rights to allow that to go forward. I declined. He pressed the point. I declined. He asked me to really think about it. Said that he had drawn up the papers, and if I was willing to cancel the hearing, Ex would sign them and he'd file them with the court. I said that wasn't even on the table.
(**this is why you should never take advice from the Ex OR Ex's counsel -- there is NO WAY that my "paramour" could have adopted Twain in this state when we're not married, and NO WAY a court would have approved the termination)
So, this time the hearing took place. Ex was trying to prove that he'd only made $1200 in 2009. Yes, TWELVE HUNDRED dollars in a year, and that child support should be based on minimum wage at the most. I asked if he was in some way unqualified to work @ McDonald's. They ended up stipulating to $32K/year, which is a little less than half the amount that was arrived at by the case worker, and less than I make, but probably "fair".
September 2010 -- Modification decision was mailed out/filed w/the court. Support is increased to $495/month, and back dated to the 15th of the month in which we were originally served (August 2009).
Either of us has the right to request a judicial review, which would go before a judge as opposed to a hearing officer, and which would prolong the process even more. I do not know if ex will do that. Obviously, because the order was exactly within the range of "acceptable/fair" that I'd arrived at, I will not.
SO, my advice to anyone who might actually look for Missouri info...
The Form 14 worksheet can be found here:
Missouri Child Support Calculator - Form14
You can find your local DSS office here:
Child Support Enforcement County Offices
**several of the local offices were recently closed, so the office who previously handled your case may no longer do so.
The Bureau of Labor Statistics info is here:
Wages by Area and Occupation
Just an update/informational thread.
In MO, you can request an evaluation of an administrative child support order every three years w/out showing a change in circumstances. If DSS finds that the child support amount would change by more than 20%, they will modify the order.
Time line:
June of 2009 -- 3 years had passed, so I requested an evaluation. The original amount was set w/out including child care or health insurance, so I was really hoping, based on the numbers that I'd played around with, that child support would go from $318/month to $450-$500/month.
August 2009 -- Twain's father and I were both served with the proposed modification. It was quite hefty. (an increase of almost $500/month -- $760)
Once served, either parent can dispute the proposed amount, provided they do so in writing within 30 days of being served. Ex did (and who can blame him?).
He also hired an attorney.
November 2009 -- An administrative hearing took place. We were first given the opportunity to attempt to come to an agreement w/out the involvement of the hearing officer. Ex's attorney tried to convince me that I was running a "huge risk" by not agreeing to their offer of $365/month. He was quite adamant that Ex's obligation would actually go DOWN and I would have shot myself in the foot by insisting on going forward with the hearing.
We spoke with the hearing officer, and a continuance was requested by Ex's attorney - and granted.
March 2010 -- Second hearing. Again, we had the opportunity to attempt to reach an agreement. At this point, Ex's attorney said that he'd "heard" that my "paramour" was willing to adopt Twain, and Ex would "happily" terminate his parental rights to allow that to go forward. I declined. He pressed the point. I declined. He asked me to really think about it. Said that he had drawn up the papers, and if I was willing to cancel the hearing, Ex would sign them and he'd file them with the court. I said that wasn't even on the table.
(**this is why you should never take advice from the Ex OR Ex's counsel -- there is NO WAY that my "paramour" could have adopted Twain in this state when we're not married, and NO WAY a court would have approved the termination)
So, this time the hearing took place. Ex was trying to prove that he'd only made $1200 in 2009. Yes, TWELVE HUNDRED dollars in a year, and that child support should be based on minimum wage at the most. I asked if he was in some way unqualified to work @ McDonald's. They ended up stipulating to $32K/year, which is a little less than half the amount that was arrived at by the case worker, and less than I make, but probably "fair".
September 2010 -- Modification decision was mailed out/filed w/the court. Support is increased to $495/month, and back dated to the 15th of the month in which we were originally served (August 2009).
Either of us has the right to request a judicial review, which would go before a judge as opposed to a hearing officer, and which would prolong the process even more. I do not know if ex will do that. Obviously, because the order was exactly within the range of "acceptable/fair" that I'd arrived at, I will not.
SO, my advice to anyone who might actually look for Missouri info...
- Do not expect the modification process to be quick.
- Do not expect the eventual order to back date to the time of filing.
- Do not assume that the original proposed amount is correct - especially if it falls far outside the amounts you arrived at while researching.
- Do your research.
- Do not feel pressured to agree to something that you feel is unjust or incorrect, either regarding the proposed amount, or the negotiation phase of the administrative hearing.
- Do have realistic expectations.
- Do carefully weigh the potential costs vs benefits. Do this before requesting the evaluation.
- Do carefully consider the above when deciding whether to dispute the proposed amount.
- Do have all of your income and expense information together and accessible.
- Do remember that the "credit" for additional children is not guaranteed.
The Form 14 worksheet can be found here:
Missouri Child Support Calculator - Form14
You can find your local DSS office here:
Child Support Enforcement County Offices
**several of the local offices were recently closed, so the office who previously handled your case may no longer do so.
The Bureau of Labor Statistics info is here:
Wages by Area and Occupation
