Modification of child support

[RoseG]

The BEST advice is for you to get a lawyer.

BUT if you don't:

Write a document called an answer. State that this document answers all the allegations listed in the petition by [what's his face] and then answer them clearly and plainly, one by one. Then list all the reasons why the child support should not be lowered.

Sign it and have it notarized. Make two originals.

Send an original to the court and an original to what's his face and keep a copy for yourself.

Together with the answer, can I also state my counterclaim? or it has to be separate. Is there a counterclaim form? By the way I recieved a scheduling order today and ask me to bring 3 recent pay stubs, tax return and current financial statement. What is financial statement? how do I get it or how to do it?

 

[betterthanher]

I sign the IRS form 8332, release of claim to exemption for all future years for our daughter Jayme, can I ask the judge to reverse it? I sign that form out of duress ( a long story to explain but to make it short we can't leave MD to CA if I didn't ),I don't feel he deserves it.

No you can not have a judge reverse it. The IRS has final say over that. Once you sign the form, that's it. Why don't you feel HE deserves it?

After all, you are the one underemployed, so you wouldn't benefit from the tax credit anyway. And it doesn't matter how many kids you are watching. You have a financial responsibility for the children as well. It's not a one-way street.

 

[betterthanher]

Together with the answer, can I also state my counterclaim? or it has to be separate. Is there a counterclaim form? By the way I recieved a scheduling order today and ask me to bring 3 recent pay stubs, tax return and current financial statement. What is financial statement? how do I get it or how to do it?

This is exactly why you need to consult with a lawyer or see if a lawyer can help you on a sliding rate or something. You don't do something right and you could find yourself on the losing end of the stick.

Check this site for appropriate forms. Remember, just because YOU are underemployed will not work in your favor. Your ex very well could request you be imputed an income comparable to what you could be making today.

You might as well NOT bother fighting or asking for an increase because of your underemployment. The guidelines will dictate what he should pay. And what you should pay too.

 

[Ohiogal]

You are considered underemployed/voluntarily underemployed. The judge MAY consider your husband's income because you are not working. They will probably not care that you have young children at home.

That's the way it works.

Also, you MAY get them to change the tax exemptions so that each of you get every other year, but its not 100%, esp b/c you are not working.

No the judge will not consider her husband's income> The judge if he so likes may impute her with an income based on previous years of work, education level and ability. But her husband's income will not come into play.

 

[Ohiogal]

No you can not have a judge reverse it. The IRS has final say over that. Once you sign the form, that's it. Why don't you feel HE deserves it?

After all, you are the one underemployed, so you wouldn't benefit from the tax credit anyway. And it doesn't matter how many kids you are watching. You have a financial responsibility for the children as well. It's not a one-way street.

Actually betterthanher you are wrong. Yes it is an IRS form. HOWEVER, the judge can order the other parent to sign another IRS form giving her the right to claim the child(ren) and if the father doesn't, he would be in contempt. I do agree it is not a one way street and what she is describing is not duress as the courts view it so that is not an excuse or an explanation.

 

[Momto1yrold]

Together with the answer, can I also state my counterclaim? or it has to be separate. Is there a counterclaim form? By the way I recieved a scheduling order today and ask me to bring 3 recent pay stubs, tax return and current financial statement. What is financial statement? how do I get it or how to do it?

The financial statement is where you list your bills and all your income and assets. They have them at the family court building last time I knew. Just go in and ask for one they could give you the form.

 

[betterthanher]

Actually betterthanher you are wrong. Yes it is an IRS form. HOWEVER, the judge can order the other parent to sign another IRS form giving her the right to claim the child(ren) and if the father doesn't, he would be in contempt. I do agree it is not a one way street and what she is describing is not duress as the courts view it so that is not an excuse or an explanation.

I might have misread, but I got the impression she was referring to "reclaiming" the tax credit...meaning she wants "back credit" (rimshot, please).

EDIT: I read it wrong. I missed the reference to "future years".