New Income Unknown - File for Modification?

[yolandanewell]

What is the name of your state? California

My ex husband was ordered to pay child support (last order in summer of '06) based off his $10 per hour job with a printing shop... he is now employed back in the medical field and I'm pretty certain (considering that I work in job placement in the medical field and am pretty familiar that his creditentials offer higher pay than $10).

He is EXTREMELY secretive about anything in his life having to do with income, insurance, and what not.

DCSS is involved in collecting the $313 per month support $50 per month arrearages ($7,500 at this point).

I've read several posts on the topic of modification and most of them say that they will modify only if there is a $50 or 20% wage increase. Since I don't know what his increase is - is it still ok to file for an increase?

His new girlfriend is expecting a child in April of '08. I want to get my modification in before this new child is born in order to make sure that when he files for relief due to the new addition (which the cord won't even be cut before he does, I'm certain)...

He is going to trial on 2/8/08 for violation of a domestic violence restraining order... can I request a modication hearing at the same time or will this be an additional hearing?

so many questions so little time... THANK YOU!!! haha

 

[CourtClerk]

If you don't know his present income, what are you filing the modification based on?

I think is not a sufficient answer.

 

[qurice]

What is the name of your state? California
I've read several posts on the topic of modification and most of them say that they will modify only if there is a $50 or 20% wage increase. Since I don't know what his increase is - is it still ok to file for an increase?

The same goes for decreases. If he is REALLY making that much more, he probably won't file for a decrease knowing he's making more now than than the $10/hr job the current order is based on.

 

[yolandanewell]

Good point...

Thanks!!! That second answer summed it up...He'll hang himself out of the thoughts that he'll get a huge relief for a second child... they both make sense...

(see now I get that little "he owes me greedy" thing goin' on from time to time... glad you all are here to put me in my place...)

 

[CourtClerk]

For the record, it is not a $50 or 20% wage increase, it is anything that would cause the order to change by $50 or 20% (increase or decrease).

Also, you've got too many pots in the fire right now. Hold off on the modification until the DV issue is done because you'll spend the rest of your life going from one court to another and no time doing anything else. If you are hell bent on modifying, then call CSSD and request one, let them do the work. Besides, they'll have access to wage information you won't.

 

[jbowman]

CC, Im not sure what it is exactly called, but my attorney told me once that I can do a motion for discovery at any time to find out what the other parent is currently earning. Once that is completed, I could analyze to see if, in fact, there has been a 20% change and then based on that, file for modification. Is this not correct?

Logically, it seems that this would make sense. I mean, if my ex and I dont speak and his finances are completely none of my business as far as he is concerned, how else would I find out if a modification was in order. I would think that it would be in the best interest of the child. Thoughts?

 

[yolandanewell]

Thank you Court Clerk

You're right... WAY TOO MANY IRONS IN THE FIRE!! In my case.. and after a lot of thought.. it's time to just move forward... DCSS is in control now - My job is really thriving and Im tired of living in the past... the motion for discovery, in my case... wouldn't be necessary as DCSS (you hit it on the head cc) does have that information already. For someone not involved with a third party collection agency then it would be beneficial for them.

I appreciate all of your help!

 

[yolandanewell]

Update On Situation

I have been waiting for the child support to show for December - JUST got his wages attached and have received (3) payments - have had a heck of a time getting my ex husband to provide healthcare coverage. According to the ombudsman they forced his employer to provide... as of 12/4 he was still employed with that company (I phoned him there the morning of 12/4 to inform him that I was taking our daughter to ER)... I just received in the mail the health care coverage card... along with a letter from the DA dated 12/18 stating that Jeff has informed them that he is no longer employed...

NOW WHAT????

 

[spoofer]

So tell your caseworker you think he's making more money. They have the authority to find out and if it's more they will take the steps to get more money. Since I'm sure he's supposed to notify them if he gets a raise anyway.

He is EXTREMELY secretive about anything in his life having to do with income, insurance, and what not.

Yeah. And if you were an NCP you would be too. I'm sure of this.

He can still file for a modification for relief once his child is born. Even if you get yours in first. The Judge counted our child in my husbands CS case even though the support child was born before ours. They knocked off about four hundred dollars from what his CS would have been if he had no other children.

Yeah someone said it would be stupid for him to file for a decrease if he's making more money now. I'd just be happy with what you have.

Obviously your child was put on his health insurance. You probably can get cobra. Contact the insurance company on the card provided and ask them if your child qualifies for cobra since your husband no longer works for his employer. I'm not trying to take sides. But the insurance may not have been your ex husbands fault. Again my husband is supposed to provide insurance for his child. He's had insurance with his company since July 07. He's written letters to cse and called them. And his employer has a copy of the order. They still haven't added his child to his insurance. Apparently cse and employer are talking about pricing to make sure it's not costing too much for my husband to add his child. So just adding that to maybe make you feel better about being so frustrated at the ex.

 

[yolandanewell]

Nah....

He purposefully and admittedly refused to add baby to the insurance... doesn't matter now since he quit his job... no child support OR insurance (from him - I've purchased a policy for her... no use waiting for him to do what is right) - my job has insurance available in January - which I'll be getting... I found it frustrating that he wouldn't even bother taking responsibility for her coverage for a measly two months - wouldn't even know why I expected him too to be honest... he's NEVER helped with her healthcare coverage..

Some people just refuse to do what they are supposed to do - which is the right thing by their kids... I'm coming to accept this... good news is - where - ever he goes... his wages will be attached... good friend of mine wisely advised to never count on child support... treat it as it is... a treat...

Thanks for answering.

I FORGOT...PS... our baby is my youngest child (3 years) I also have an adult child and a 12 year old from my first marriage that grew up with their dad - I paid my child support on time and every month and continue to do so (we have no current order in place for our 12 year old... but over the years we've come to agreement on the support issue) -- so I have been the NCP - and you're very wrong to assume that I would be secretive about my earnings... I never was and never needed to be... the kids are equally supported by both of us

 

[yolandanewell]

Update

The same goes for decreases. If he is REALLY making that much more, he probably won't file for a decrease knowing he's making more now than than the $10/hr job the current order is based on.

Just as I KNEW he would do... he just had me served with paper work... not only to REDUCE his child support - but to STOP it all together...when he filed the paperwork he was still employed.. however now he's quit/gotten fired AGAIN (third time this has happened - once wage assignment starts... his employment stops)

Un-flippin-believable

 

[special mom]

Just as I KNEW he would do... he just had me served with paper work... not only to REDUCE his child support - but to STOP it all together...when he filed the paperwork he was still employed.. however now he's quit/gotten fired AGAIN (third time this has happened - once wage assignment starts... his employment stops)

Un-flippin-believable

Happy New Year, you've been served! Is this the same thing you recieved on the 30th?

 

[yolandanewell]

yes.... I thought I'd update it for the person that had made the wise observation that he wouldn't be dumb enough to file for modification if he was making more money....

He was... haha...

 

[special mom]

yes.... I thought I'd update it for the person that had made the wise observation that he wouldn't be dumb enough to file for modification if he was making more money....

He was... haha...

Hey, at least you can laugh at him. Give him enough rope and the judge just might hang him...

Good luck and happy new year!

 

[yolandanewell]

He didn't find it very comforting that I was laughing at him though... I caught myself and stopped right away... it was so hard!!! I have to be very careful with him - he's a dangerous man... he SINCERELY thinks that he's doing the right thing..

Someone once told me --"Never back anything into a corner that's meaner than you are"... and I suppose this is what I've done...