Modification Of Temp Order

[SnS76]

What is the name of your state? NH

Hi ..
I wonder if anyone could help me with this .. or throw some ideas my way on what could happen.

We have had temp orders in place since Oct. of last year. For some reason we keep getting continued due to factors I have posted about previously.
We have a hearing set for June 10th, which I am hoping will finally push us into a trial date.

Now .. my attorney recently filed a motion to hopefully be heard at this next court hearing, being that when we first had the temp support set, Dad was out of work on worker's comp. Since then he has gone back to work and has a significant increase in pay compared to what he was receiving in comp.

My attorney calculated it using our state calculator and before sending off the papers, called Dad to see if he would 'agree' with the amount so that the order could just be signed off on .. and of course he did not, stating that it was 'too much money'.

My question now is, will the Master just go by what is calculated, checking the figures for himself of course, or do they ever sway from those figures ?

I have been trying to think of any reason the Master might not actually go by those figures ..and i'm unsure.

thanks !

 

[SnS76]

is this one of those have no clue what/anything could happen type of questions ? lol

 

[proud_parent]

is this one of those have no clue what/anything could happen type of questions ? lol

Could be some of that.

Could be your post was overlooked. (I'll admit I didn't notice it until now.)

Could be there's no one on the forum today from New Hampshire.

In any case, this is what I was able to find on topic for your state:

Is there any way to pay an amount different than what the Child Support Guidelines calls for?

The Child support statute sets forth certain situations in which the Court may deviate from the amount the Child Support Guidelines calls for. They include the following:

1. Ongoing extraordinary medical, dental or education expenses of a child;
2. significantly high or low income of a party;
3. the presence of stepparents or stepchildren;
4. extraordinary travel expenses for visitation;
5. economic consequences to either party of the disposition of the marital home made for the benefit of the child;
6. optimizing both parties after-tax income by taking into account federal tax consequences of an order of support;
7. state tax obligations;
8. split or shared custody;
9. other special circumstances.

This list is not an exhaustive list as number "9" demonstrates. The Court may deviate for any justifiable reason that is alleged by one of the parties. The party requesting a deviation from the Guidelines must demonstrate their special circumstance by a preponderance of the evidence. N.H. RSA 458-C:5.

http://www.divorcenet.com/states/new_hampshire/nhfaq_06

 

[SnS76]

ahh ..well, thanks for your response then

Looking at that list, the only one, once again, that worries me is number 3.
BUT, even though he likes to call them his 'new' family .. in reality, they aren't married yet.

Hopefully, number 9 doesn't include a deviation for whining

 

[haiku]

I think number 3 is subjective to how the judge is feeling that day....because thought he guidelines state it, the judge in our case did NOT count any obligation my husband has to his child from a subsequent marriage, but he did deviate for extraordinary travel expenses...

 

[SnS76]

hey haiku

Unfortunately, the Master in my case, so far, seems to have been extremely lenient when it comes to anything. Probably one of the reasons that we've been going back for 'review' hearings on temp orders since Oct

When it came to the support though, he seemed right on the ball with it. None of those other reasons would seem to fit - he still hasn't seen them yet - except for the extra-ordinary medical expenses, and i carry the brunt of those.

I have a feeling he'll be the same when when it comes to modifying this, but I like to have all my bases covered .. just in case.

 

[haiku]

best wishes!

 

[SnS76]

Thanks muchly

 

[SnS76]

I have a couple more questions if you guys would be nice enough to help me out with.

We're heading back to court on Tuesday. I believe, from what the papers said, this will be another review hearing on the temp orders. The Master will be hearing a report from the GAL and pretty much going from there. Hopefully, to scheduling a trial date.

My questions regard a few things that were in the temp order and also a Motion of Discovery.

One is that the Master ordered Medical/Dental to be supplied by Dad, but we would share 50/50% all out of pocket expenses, including but not limited to co-pays ect.
The children have been, since March, seeing individual counselors, which was recommended by the GAL. I pay the $20 co-pay at the time of the appt. and the counselors give me a paid receipt which i then send off to my attorney and she fowards to Dad. According to the orders, Dad is responsible for half of each co-pay.

Even though it is only $20, they have added up pretty quickly and now Dad is looking at almost a $200 balance he owes ..and hasnt sent a penny of it. My attorney has sent him off letters with each couple of receipts she sends and reminds him of the order .. and still nothing. From my understanding, this would be considered contempt, right ? He knows he is supposed to share the costs, he has acknowledged the fact ..and yet he still hasn't done so. What would be the next step ?

Second, my attorney sent him out a Motion for Discovery - I believe that is the correct term- about two weeks before our last court date, which was back in March. Dad has been having problems bringing in the correct paperwork he needs to every time we've gone to court. No recent pay stubs, no tax returns, or anything else that is stated we both must bring for each hearing.

Needless to say, my attorney hasn't received any of that either.

I do have a meeting tomorrow with the attorney before we go to court on Tues and I guess I am just looking for some advice on what I should tell her I want to do next.

I need to be prepared when I speak with her because sometimes she's not the first one to bring things up as far as making Dad comply with the orders.

Any advice would be helpful ..and much appreciated.

Thanks