opinions on modification

[terp]

What is the name of your state? Maryland

NCP moved 1300 miles away, quit and got a new job although the new company had openings here, had another baby and is now seeking modification in CS. He is claiming he needs a reduction because he is now making 40K less, expenses of another child, wife not working and the cost of travel for visitation.

Is a judge actually going to allow this or will they laugh since all of these things were voluntary and obviously not the brightest of his ideas?

I am stressing because since he has moved my expenses have increased because we no longer follow the EOW, etc, schedule. NCP has also taken it upon himself to pay what he "feels" he should be paying, not what is ordered.

Any opinions would be great and appreciated. I am just annoyed that I now have to shell out $$$ to my attorney again. Things are already pretty tightly budgeted since he is not paying CS as ordered and for the reasons already mentioned.

Thank you!What is the name of your state?

 

[Silverplum]

Here's a link to info on MD CS:
http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=MD

You don't need an attorney to file contempt. Just use the forms from your courthouse and file. Every time he is late or short on his payment.

We're here to help. Ask questions.

 

[terp]

He has already filed a motion to modify CS.

I filed contempt back in July. Minutes before walking into the court room, he offered a settlement. In the settlement, he agreed to have his employeer issue the CS straight out of his paycheck. 2 months later I received my first deposit from his employer. It was only 1/2 of what our order states. He is on a 26 payday cycle, I did all the math and YES...it was only 1/2 of the order.

I guess all I can do is file contempt again and this time not settle but let it go in front of a judge.

I am just worried about what the judge will do. I really hate handing over my future to a stranger, that is why I opted to settle when him and his lawyer presented it. I figured that the problem would be solved.

 

[special mom]

If you have your support through CSEA and the NCP is significantly in arrears, you could try what I did. CSEA told me to write the governors office and ask for them to apply pressure from Dept of Human Resources to make the case a priority. They did, and now NCP is in work release for non-support. Also, in my experience, the courts in MD have not been kind to NCP's who are voluntarily lowering income and claiming subsequent children then trying for a decrease. My NCP filed for several downward modifications but it wound up increasing with all of them. All situations are different but that is what happened with us. Good luck...

Special Mom

 

[terp]

How would a judge see it if the contempt change came at the same time as the modification hearing?

please...I need advice....there are a lot of wise and experienced posters on here from what I have seen!!!

 

[special mom]

Well, there is no way to tell what the judge will think. Our judge told NCP his wife not working and a new baby didn't have any relevance on the support obligation. In MD they give a standard allowance for subsequent children living in the household, and it's not much. I don't recall the exact number but it wasn't more than $400.00 per month off the gross. The judge we went before ran the numbers through the calculator and that was it. I don't believe that it would matter about the contempt because it is a separate matter. If you have a modification hearing they really stick to modification and all other issues aren't allowed to be brought up. The contempt will have to be dealt with in a separate hearing. If I am wrong, someone will correct me I'm sure . Here is a link to the calculator so you can run the numbers yourself to see if that impacts you. Have you filed the contempt yet? Are you filing it yourself or through CSEA?

http://www.dhr.state.md.us/csea/worksheet.htm

 

[terp]

thank you.......I hate court....

 

[terp]

Another ?

Do I stand any chances of getting my attorney's fees reimbursed? We just settled on this and he is in contempt and all I have been doing is paying my attorney's kids' tuition...errrr!

Also, if I am able to get a contempt hearing before the modification hearing would that work out better? Don't know if it is possible but worth a shot!

I need some wisdom and help here!!!

thank you everyone that has replied! I appreciate any and all feedback.

 

[Silverplum]

Do I stand any chances of getting my attorney's fees reimbursed?

Did you file a request for that?
I'm not sure, but I think you have to file for atty. fees in advance of the hearing. For instance, for the past issues you have had in court, you're on your own. But in future, for a modification, you could request that your atty. fees be repaid. You need to request it each time.

And your chances are just that: chances. No one can predict. Maybe your attorney knows what your judge is likely to do.

We just settled on this and he is in contempt

What do you mean by this?

and all I have been doing is paying my attorney's kids' tuition...errrr!

Professionals get paid. Fact of life.
Or you could learn to file your own stuff and save money.

Also, if I am able to get a contempt hearing before the modification hearing would that work out better? Don't know if it is possible but worth a shot!

I don't know.

I need some wisdom and help here!!!

Be sure to research past posts for your state on this topic to learn more!

thank you everyone that has replied! I appreciate any and all feedback.

Good luck to you.

 

[terp]

update and NEW question

What is the name of your state? MD

I hope I am posting this correctly. I am running it on the original post.

Summary...Dad filed for CS modification back on the 1st of Nov. A summons was issued yet neither my lawyer nor myself were ever served with the summons. I found out by checking the case record on line or else we would have never known.

here are my questions.

They had 60 days to serve us, they never did. My lawyer is under the impression that they are going to file an "extension" so to speak. I do not know the correct terminology. I hope you pros understand what I am referring to. Since the 60 days has lapsed, and they have not filed diddly, will the date still go back to the original filing date or does the time frame start all over again?

Also, what are the advantages of filing for a modification, not serving the other person right away?

More tid bits...really a quick vent....sorry...
Also found out that Dad quit his job 2 weeks ago. Went to freelancing instead of a full time union / benfits job. Isn't that nice?!?! As he puts it..."it will be better for his family"...wish I had the liberty to quit?!?!

Also, I have filed contempt papers and for attorney's fees to be reimbursed. I have been doing the "dance" in circles. Dad just doesn't know how to read and follow orders. I am keeping my fingers crossed that the judge will side in my favor. I would love to put our back up savings back in the bank for a rainy day.....

 

[JacobJoel]

Freelancing = Temporary

Many people these days are going 'temporary'. the money is actually better. I worked in the computer/aerospace industry and probably 75% of the people i worked with freelanced.

if you want to get detailed (and it would behoove you to do so) you would do some on line research on the industry that X is in and find out what 'freelancing' will pay him.

if he works for a temporary company they will cover his taxes and benefits, if not he does his own and files at the end of the year.

from what i understand that will have no reflection on how much he will have to pay you.

he may THINK he is going to say 'freelancing' = less income but in today's job market that will not hold water.

it will be on you to do the legwork here tho.

 

[special mom]

What is the name of your state? MD

I hope I am posting this correctly. I am running it on the original post.

Summary...Dad filed for CS modification back on the 1st of Nov. A summons was issued yet neither my lawyer nor myself were ever served with the summons. I found out by checking the case record on line or else we would have never known.

here are my questions.

They had 60 days to serve us, they never did. My lawyer is under the impression that they are going to file an "extension" so to speak. I do not know the correct terminology. I hope you pros understand what I am referring to. Since the 60 days has lapsed, and they have not filed diddly, will the date still go back to the original filing date or does the time frame start all over again?

Since he has not served you in a timely fashion, it doesn't mean it just goes away. If he doesn't do file a motion to reissue summons, then in about 6 months you will receive a notice for a status conference. They won't do anything regarding support at this hearing, it only is to determine if the person who filed will proceed to have you served or if the court dismisses everything.

Also, what are the advantages of filing for a modification, not serving the other person right away?

Sure, the "advantage" is it drags things out and I'm guessing he's not paying in the mean time. The date it goes back to will still be the one for the original motion. So the only advantage is ticking you off.

More tid bits...really a quick vent....sorry...
Also found out that Dad quit his job 2 weeks ago. Went to freelancing instead of a full time union / benfits job. Isn't that nice?!?! As he puts it..."it will be better for his family"...wish I had the liberty to quit?!?!

Also, I have filed contempt papers and for attorney's fees to be reimbursed. I have been doing the "dance" in circles. Dad just doesn't know how to read and follow orders. I am keeping my fingers crossed that the judge will side in my favor. I would love to put our back up savings back in the bank for a rainy day.....

Good luck and welcome to the world of "I won't pay if I don't want to"

The judges don't like it when the dockets get clogged up by NCP's who don't want to support their children. JacobJoel is right, do the leg work and come to court with your ducks in a row showing what his potential income is in his field for freelance. I took 5 examples of what MDB's NCP could be making and the master said it was helpful in determining his imputed income.

 

[LdiJ]

I have a bad feeling that his going freelance has to do with avoiding garnishment.

 

[Zephyr]

I have a bad feeling that his going freelance has to do with avoiding garnishment.

that's what I was thinking!

 

[terp]

I hate to be so negative but that was my first thought.

Does anyone know about the summons thing?

And thank you all for your thoughts and suggestions.