readjusting

[josephdf]

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

I'm having my child support modified bucause I lost my job. I will be receiving a severance package in January. Can the courts add that money to my unemployment benefits and make me pay child support on it? Or will they have to wait until I file my 2009 taxes to include that?

 

[LdiJ]

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

I'm having my child support modified bucause I lost my job. I will be receiving a severance package in January. Can the courts add that money to my unemployment benefits and make me pay child support on it? Or will they have to wait until I file my 2009 taxes to include that?

Yes, they can add it...and well they should.

 

[josephdf]

Yes, they can add it...and well they should.

That's fine, but can they add it in before I receive it or will it be after I can claim it on my taxes? How can they add it in when I haven't received it yet and I also could lose it if I don't follow all their rules in order to get the package?

 

[LdiJ]

That's fine, but can they add it in before I receive it or will it be after I can claim it on my taxes? How can they add it in when I haven't received it yet and I also could lose it if I don't follow all their rules in order to get the package?

If you don't recieve it, then that's your fault for not following the rules. Judges generally don't cut much slack for that sort of thing.

However, you will get a check stub and will be required to produce said check stub...You won't get to pretend that it didn't happen until you file your tax return for 2009.

 

[IL_Dad_2]

Modification of your child support is based on the income that you earn, at the time of the hearing.

Your severance package, is indeed considered income - at least in my state. (Illinois)

You can be required to pay a percentage of that money. I would put that money aside, and have it ready, just in case.

You unemployment benefits MIGHT put you in a position for a temporary reduction of CS.

BUT, do not slack on your actual CS amounts until you recieve your new orders.

You have filed the paperwork, so you might get the relief retroactive to filing.

How soon in your court date?

****************************************

My comments are based on my experience. Do not take them as gospel. My comments were meant to illustrate the point that CS is owed, until a judge orders otherwise. I was also intending to point out that he should be prepared for a possible lump sum payment.

 

[josephdf]

thanks

for your input. I have and will continue to pay my CS, I was just wondering since it's based on annual income and I haven't received that money yet if they would come after it just because she heard that I will be receiving one.

 

[OhReally?]

for your input. I have and will continue to pay my CS, I was just wondering since it's based on annual income and I haven't received that money yet if they would come after it just because she heard that I will be receiving one.

Depending on when your hearing is, it could be factored in because you'll have to produce several months of your most recent paystubs, in addition to your W2's.
Also, how would she "hear" you're receiving one? It's worth noting that what one "hears" will have to be proven.

 

[josephdf]

she

knows people I guess. The reason why I was filing for a modification was because I lost my job so I'm asking it to be reduced until I find a job. I plan on staying home and being an "At home dad" and attending college full time. We have some good programs here in michigan for displaced workers so I want to take advantage of them. I also have joint physical and legal custody and equal parenting time. I am just asking the courts for some leniancy during this transition. I've always paid my CS on time and have never missed.

 

[OhReally?]

knows people I guess. The reason why I was filing for a modification was because I lost my job so I'm asking it to be reduced until I find a job. I plan on staying home and being an "At home dad" and attending college full time. We have some good programs here in michigan for displaced workers so I want to take advantage of them. I also have joint physical and legal custody and equal parenting time. I am just asking the courts for some leniancy during this transition. I've always paid my CS on time and have never missed.

Granted these times are tough for everyone -- and Michigan is dealing with some of the highest unemployment rates in the country and I am sure the Judges in MI are well aware of the horrible economic conditions in the state and which companies are laying people off -- -- but you don't want to fall back on this "I am going to be a stay-at-home dad and go back to school" argument in court because your request for a downward mod will get shot down (most likely). You want to present to the court that while you are taking advantage of these programs for displaced workers -- you are doing this to gain whatever needed skills, etc to regain employment ASAP -- AND ALSO show the court that you are attempting to find viable employment AT THE SAME TIME.

As far as the alleged severance package, I am sure it is going to have the applicable taxes and what not taken out of it -- but if you haven't received it AT THE TIME OF THE HEARING -- then it shouldn't be factored in because you haven't received it. If your ex brings it up before you receive it, tell her to provide evidence to support 'what she heard.' I am not trying to give you ways to sidestep this (because either way, it'll get factored in -- either now or later), but when a parent states something on their "belief" or "what they heard", they need to provide evidence to support it.

 

[TinkerBelleLuvr]

Modification of your child support is based on the income that you earn, at the time of the hearing.

Your severance package, is indeed considered income - at least in my state. (Illinois)

You can be required to pay a percentage of that money. I would put that money aside, and have it ready, just in case.

You unemployment benefits MIGHT put you in a position for a temporary reduction of CS.

BUT, do not slack on your actual CS amounts until you recieve your new orders.

You have filed the paperwork, so you might get the relief retroactive to filing.

How soon in your court date?

****************************************

My comments are based on my experience. Do not take them as gospel. My comments were meant to illustrate the point that CS is owed, until a judge orders otherwise. I was also intending to point out that he should be prepared for a possible lump sum payment.

IL Dad - suggest that you stay out of advising in states that you don't know their rules.

Michigan is a shared income state; Illinois is a percentage of income state. Michigan does allow for calculations of child support be based upon the number of overnights each parent has, along with a reduction in amount to be paid based on the number of other children in the household.

When you file your motion, you will go in front of the referee. If you disagree with the decision, you can file for a de novo review within 21 days and go in front of the judge.

Depending on your track record of paying your child support, and the economic climate in your county, you may get a temporary reduction IF you are actively looking for a job. The MichiganWorks does have some good programs that can provide training while collecting an unemployment check. Since those programs do allow you to continue having a cash flow, it does demonstrate effort.

Suggest highly that you come in with documented proof that you are actively trying to change your situation.

Now, my X wasn't terribly successful in any modifications cuz well, he couldn't demonstrate that he was doing anything to improve the situation. Therefore, neither the judge nor I had much sympathy. Had he made an effort to try to support his children, then things would have gone much differently.

 

[TinkerBelleLuvr]

You'll find the manual to calculate child support here. The new method is extremely cumbersome now.

http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm

If you've had the children on your insurance program, check out the insurance programs that are available for them thru the state. Once your severence pay ends, you will have a change in circumstances for the insurance. COBRA can be extremely expensive.

In addition, if you've had any loans against a 401K, unless you have them paid back within 60 days of termination, they will also become income. There are some things you can do to help reduce the hit.

 

[josephdf]

Don't know

the court date yet. We did meet in front of a mediator but could not resolve any of our issues. My ex and I have 2 children together, I get to claim one and she gets to claim the other. She said that if I let her claim both that she would not file a petition to go after my severance and that we could then work out CS payments on our own. Then once we figured that out we would have the referee put it in writing so it would be all settled. I feel it would be better to for us to work it out but my wife now thinks that my ex is just trying to bully me around. My wife thinks I should just let the courts handle this.

I think I could probably negoitate a better deal with the ex.

 

[Ohiogal]

knows people I guess. The reason why I was filing for a modification was because I lost my job so I'm asking it to be reduced until I find a job. I plan on staying home and being an "At home dad" and attending college full time. We have some good programs here in michigan for displaced workers so I want to take advantage of them. I also have joint physical and legal custody and equal parenting time. I am just asking the courts for some leniancy during this transition. I've always paid my CS on time and have never missed.

Then you are becoming voluntarily UNDEREMPLOYED and your income will be imputed at the amount you can show you have made. Unless mom decides to agree to have it lowered. You may want to take advantage of them but your child wants to eat, have housing, transportation and clothing as well as heat and other utilities.

 

[Ohiogal]

the court date yet. We did meet in front of a mediator but could not resolve any of our issues. My ex and I have 2 children together, I get to claim one and she gets to claim the other. She said that if I let her claim both that she would not file a petition to go after my severance and that we could then work out CS payments on our own. Then once we figured that out we would have the referee put it in writing so it would be all settled. I feel it would be better to for us to work it out but my wife now thinks that my ex is just trying to bully me around. My wife thinks I should just let the courts handle this.

I think I could probably negoitate a better deal with the ex.

Your WIFE needs to butt out of it.

 

[TinkerBelleLuvr]

Depending on the size of the severance package, they might not allow for a reduction for some time. Because I had been with the company for a long time up there, I received 90 days pay, insurance, and a hefty severance package. So, it depends on the referee and the judge.

That money WILL be considered income, and, depending on how large it is, the referee could say that between that money and unemployment, it will cover you for X amount of weeks, therefore, giving you no relief.

I'm surprised they had you go in front of a mediator for child support. That tends to just go right to the referee. What other issues were you trying to settle?