Modification request

[blacklove]

What is the name of your state (only U.S. law)? MD

NCP filed a request for modification to decrease child support in Sept. 08. He was voluntarily unemployed in Aug. 08. The court date is scheduled for next week.

During the time of unemployment a wage withholding order was partially satisfied by military retirement, however, arrears are in excess of $7,000 and he is back to work but making less money than previously earned.

Child’s expenses have continued to increase due to necessary tutoring, increased childcare costs associated with inclement weather days, days school is closed for professional activities and an altered work schedule. The childcare center is also raising their fees by 15%.

There are additional expenses due to tutoring sessions. Tutoring (started in June, 2008), academic enrichment programs – all recommended by the school and provided by tutors on an approved County school list.

Tutoring is currently once per week when school is in session and will increase to twice weekly during the summer months. Academic enrichment program will be 6 weeks for 2 hours per week.

Tutor and academic enrichment were not calculated during the initial order and now to costing approximately $3400 per year.

My salary has increased by 18% and his has decreased by 15 %, but he still makes more than me. What is the likelihood of the master decreasing the child support based on this information?

Thanks in advance.

 

[special mom]

Here is a link to the MD support calculator. Just plug in your numbers and it will give you an idea of how it might go.

Maryland Child Support Enforcement Program - MDHR

 

[truebluemd]

Any changes in the cirumstances of the child,or mom and dad's incomes. If there is a significant increase in what the child support would be, then its likely the judge will change it. Ive also been told by my lawyer a 20% change in salary is one of many factors too.

 

[blacklove]

Here is a link to the MD support calculator. Just plug in your numbers and it will give you an idea of how it might go.

Maryland Child Support Enforcement Program - MDHR

I've tried this calculator before, it doesn't work when the combined income of parents exceeds 10,000 per month. Do you have another source for a calculator for MD CS?

Thanks!

 

[blacklove]

Any changes in the cirumstances of the child,or mom and dad's incomes. If there is a significant increase in what the child support would be, then its likely the judge will change it. Ive also been told by my lawyer a 20% change in salary is one of many factors too.

Thank you, I appreciate your response.

 

[truebluemd]

I've tried this calculator before, it doesn't work when the combined income of parents exceeds 10,000 per month. Do you have another source for a calculator for MD CS?

Thanks!

The basic CS guidelines only apply to combined incomes up to 10000. When it exceeds the judge will determine the amount unless you and mom agreeon something

§12-204. Determination of child support obligation.

"(d)Income above schedule levels.-If the combined adjusted actual income exceeds the highest level specified in the schedule in subsection (e) of this section, the court may use its discretion in setting the amount of child support.

 

[CJane]

The basic CS guidelines only apply to combined incomes up to 10000. When it exceeds the judge will determine the amount unless you and mom agreeon something

§12-204. Determination of child support obligation.

"(d)Income above schedule levels.-If the combined adjusted actual income exceeds the highest level specified in the schedule in subsection (e) of this section, the court may use its discretion in setting the amount of child support.

This IS Mom. Just FYI.

OP ~ This isn't something any one of us could hope to guess at.

 

[blacklove]

Quick update - went to court yesterday - NCP lied regarding income - I was able to produce documentation regarding outright lie. NCP also tried to dispute the amount of childcare expenses and what I'm paying for necessary tutoring sessions, both of which I had receipts. I provided necessary documentation regarding the need for tutoring as well as progress reports made since tutoring sessions began last summer. Progress reports were incremental reports from his current homeroom teacher praising the child's success and showing progress as he moves through the cirriculum as well as comparisons on the minimum standard of performance the County expects. The Master was NOT pleased about his lie in the area of 40,000! We should receive his decision in a few days by mail. Looks like NCP will be getting a modification in child support, just not the kind he was expecting.

 

[truebluemd]

Quick update - went to court yesterday - NCP lied regarding income - I was able to produce documentation regarding outright lie. NCP also tried to dispute the amount of childcare expenses and what I'm paying for necessary tutoring sessions, both of which I had receipts. I provided necessary documentation regarding the need for tutoring as well as progress reports made since tutoring sessions began last summer. Progress reports were incremental reports from his current homeroom teacher praising the child's success and showing progress as he moves through the cirriculum as well as comparisons on the minimum standard of performance the County expects. The Master was NOT pleased about his lie in the area of 40,000! We should receive his decision in a few days by mail. Looks like NCP will be getting a modification in child support, just not the kind he was expecting.

Good for you being so prepared. You never know what kind of information a judge/master wil ask for. Hope others can learn from this.

 

[special mom]

The Master was NOT pleased about his lie in the area of 40,000! We should receive his decision in a few days by mail. Looks like NCP will be getting a modification in child support, just not the kind he was expecting.

Yes, they don't like it when people lie. I hope he learned his lesson from this; our NCP went back 3 times for reductions and got 3 increases. Some people never learn! I'm proud of you for being so prepared. Best of luck!

SM

 

[truebluemd]

Yes, they don't like it when people lie. I hope he learned his lesson from this; our NCP went back 3 times for reductions and got 3 increases. Some people never learn! I'm proud of you for being so prepared. Best of luck!

SM

My ex tried to take me back to modify visitation and got an additional 50 tacked on CS. Now we are going back next month because he wants a reduction.....again. I will let you know what happned.

 

[blacklove]

Good for you being so prepared. You never know what kind of information a judge/master wil ask for. Hope others can learn from this.

Thanks so much!

 

[blacklove]

Yes, they don't like it when people lie. I hope he learned his lesson from this; our NCP went back 3 times for reductions and got 3 increases. Some people never learn! I'm proud of you for being so prepared. Best of luck!

SM

Thanks so much!

 

[blacklove]

My ex tried to take me back to modify visitation and got an additional 50 tacked on CS. Now we are going back next month because he wants a reduction.....again. I will let you know what happned.

It struck me as kind of crazy he'd been so busy trying to get a reduction in CS he's been to the court house 6 times since September and his been to see our child 0 - zero, nada, NEVER during that time!

He's more concerned about paying less money than his child - very sad, but our son is the real loser in this one.

Later in day after court I received an email from NCP stating it's too much effort for him and he gives up - yeah, sure! He's picking child up this afternoon. We've been at this point before - when the Master's order comes back and if there is an increase (I'm thinking about 20-30% - doesn't matter though - I wasn't looking for anything), he'll be angry again & start taking it out on child by not visiting, picking up, returning telephone calls, text messages, etc. It's so unfair to inflict hurt on a child.

Oh yeah, the strategy he's TRYING to use for visitation (we've never had a formal agreement) he's filed for visitation, received a writ of summons but never attempts to have me served. He goes back to the court house every 60 days to renew the summons. It actually shows he doesn't want to be bothered. He told the Master he was "working on the visitation" issue and I don't allow him to see child. This was before the Master discovered what a liar he actually is and I explained his efforts in terms of visitation.

I explained to NCP many times he's not going to get more than the standard every other weekend, the holiday and summer schedule and we could work this out, he's not prepared to do all of that - but in his mind he's a great parent!

Before the CS issues came up I really tried to work it out with him. He refused to believe me though, so it cost him almost $300 more than we agreed on and he somehow thought the downard modification was going to work in his favor this time.

 

[blacklove]

Good for you being so prepared. You never know what kind of information a judge/master wil ask for. Hope others can learn from this.

I know I had the equivalent of an entire ream of paper - copies for everyone. I then remembered why attorneys carry such expandable briefcases! Better to have it and not need it than to need it and not have it!