When is it ok to ask for a mod?

[jpm73]

What is the name of your state? ohio
I have a cs order that is 13 years old.
I tried to contact my ex to see if he wanted to go through his attorney(with me paying half) to come up with a settlement. His atty had added all kinds of little side notes during our initial cs order so I thought he would feel more comfortable with it. His wife said no let it go through cs.
Here is the thing, I only work part-time (because of 3 other younger children I have) so cs has told me that they will impute an income for me. It is more than I actually make but less than I could be making. (which I don't think is fair) I have run the numbers based on what I think he will have to pay and he is going to be mad when the final number comes out. I don't think he knows about the imputed income. It doesn't seem fair either, but now I am mad because he allowed his wife to contact me rather than his atty.
Should I try one more time or just go to cs and let him get screwed over at the advice of his wife?

 

[nextwife]

Here is the thing, I only work part-time (because of 3 other younger children I have) so cs has told me that they will impute an income for me. It is more than I actually make but less than I could be making. (which I don't think is fair) I have run the numbers based on what I think he will have to pay and he is going to be mad when the final number comes out. I don't think he knows about the imputed income. It doesn't seem fair either

Of course it is fair to imput income when a parent is choosing to be voluntarilly unemployed or underemployed. BOTH parents have a responsibility to share in the expense of supporting their child. You have the right to be underemployed due to responsibilities to later born children that are not his. What you do NOT have, is the right to expect him to subsidize your staying home by paying a disproportionate share of the support responsibility. The amount you could be contributing, were you not making a consious choice to reduce your income, can indeed be used in the computations.

 

[Neal1421]

What is the name of your state? ohio
I have a cs order that is 13 years old.
I tried to contact my ex to see if he wanted to go through his attorney(with me paying half) to come up with a settlement. His atty had added all kinds of little side notes during our initial cs order so I thought he would feel more comfortable with it. His wife said no let it go through cs.
Here is the thing, I only work part-time (because of 3 other younger children I have) so cs has told me that they will impute an income for me. It is more than I actually make but less than I could be making. (which I don't think is fair) I have run the numbers based on what I think he will have to pay and he is going to be mad when the final number comes out. I don't think he knows about the imputed income. It doesn't seem fair either, but now I am mad because he allowed his wife to contact me rather than his atty.
Should I try one more time or just go to cs and let him get screwed over at the advice of his wife?

If he doesn't want to make a settlement, go through CS.

 

[GrowUp!]

Here is the thing, I only work part-time (because of 3 other younger children I have) so cs has told me that they will impute an income for me. It is more than I actually make but less than I could be making. (which I don't think is fair)

Umm...what don't you think is fair? That you WILL be imputed a wage or because it'll be less than what you'd actually be making? Of course, that is the attorney doesn't fight to have an actual salary imputed comparable to what you'd be making if you didn't go to part-time voluntarily.

 

[ceara19]

Umm...what don't you think is fair? That you WILL be imputed a wage or because it'll be less than what you'd actually be making? Of course, that is the attorney doesn't fight to have an actual salary imputed comparable to what you'd be making if you didn't go to part-time voluntarily.

I think the OP means that since the imputed income is LESS then it should be, the amount of child support that will be ordered based on the lower imputed income will be unfair to DAD, not her. She's the one trying to be cooperative and helpful by trying to come to a mutual agreement for a lower amount then CSE will come up with.

If dad and the new wife want to get pissy about the matter, go through CSE and let them decide.

 

[MrsK]

I'm not clear on what she feels is unfair, CSE imputing her an income or inmputing an income too low. If the amt is too low, ask CSE to impute you an income of what you DO feel is fair if their original amt is too low for you. They may or may not do it, but at least then, you tried to be fair. If, that is, what you are upset about is them imputing you an income too low. If you are upset they are imputing you an income at all, well...tough.

 

[ceara19]

I'm not clear on what she feels is unfair, CSE imputing her an income or inmputing an income too low. If the amt is too low, ask CSE to impute you an income of what you DO feel is fair if their original amt is too low for you. They may or may not do it, but at least then, you tried to be fair. If, that is, what you are upset about is them imputing you an income too low. If you are upset they are imputing you an income at all, well...tough.

If she was only interested in how much she could get out of dad, she wouldn't be trying to negotiate an amount that he would be happy with.

I have run the numbers based on what I think he will have to pay and he is going to be mad when the final number comes out.

He wouldn't be mad about the amount if it was LOWER then what the OP is offering.

 

[garrula lingua]

I read it the way Ceara did. OP was trying to be nice to Dad - even suggesting Dad's atty so Dad would be more comftable.
Dad, or atty, should have called Mom back, not newwife.

jpm: I'd do what newwife said, leave it to CSE to handle.

 

[jpm73]

thank you to all of you who have helped. And I apologize to those of you that I confused. I don't think it is fair that I have an imputed income that is LOWER than my capabilities. Having already contacted CSEA they had said they couldn't impute over because of the way the law is for them. And actually CSEA was who had said that I should look into a modification to begin with.
Perhaps it is so they can collect an extra fee...
I am not trying to subsidize what I choose not to do on my own. The way CSEA was explaining it when I showed doubt was that my son deserved what he would have gotten had we stayed together.
Who knows?
Thanks again.

 

[MrsK]

thank you to all of you who have helped. And I apologize to those of you that I confused. I don't think it is fair that I have an imputed income that is LOWER than my capabilities. Having already contacted CSEA they had said they couldn't impute over because of the way the law is for them. And actually CSEA was who had said that I should look into a modification to begin with.
Perhaps it is so they can collect an extra fee...
I am not trying to subsidize what I choose not to do on my own. The way CSEA was explaining it when I showed doubt was that my son deserved what he would have gotten had we stayed together.
Who knows?
Thanks again.

Well, kudos for you for trying to be fair. That's really great, its too bad not all CP's feel that way. I'd tell dad what CSE said and leave it up to him...if he doesnt want to do a mod between the two of you & have a jusge sign off, then you could let CSE do it. Remind him that CSE will make him pay ON TOP of the new amt of c/s AND that you are willing to accept less. He may change his tune. BTW, yes, that is why CSE is interested in having you go through them...they collect 5% they make the NCP pay on top of the c/s for you, and they keep the 5%.

 

[ceara19]

Well, kudos for you for trying to be fair. That's really great, its too bad not all CP's feel that way. I'd tell dad what CSE said and leave it up to him...if he doesnt want to do a mod between the two of you & have a jusge sign off, then you could let CSE do it. Remind him that CSE will make him pay ON TOP of the new amt of c/s AND that you are willing to accept less. He may change his tune. BTW, yes, that is why CSE is interested in having you go through them...they collect 5% they make the NCP pay on top of the c/s for you, and they keep the 5%.

I though Ohio only charged an administrative fee if the NCP was in arrears on the child support payments.

 

[MrsK]

I though Ohio only charged an administrative fee if the NCP was in arrears on the child support payments.

AH, you could very well be correct...I know in a lot of states, its charged whether in arrears or not. Perhaps Ohio could come & let us know...

 

[Ohiogal]

AH, you could very well be correct...I know in a lot of states, its charged whether in arrears or not. Perhaps Ohio could come & let us know...

In Ohio they collect 2% regardless of arrears.

 

[Ohiogal]

AH, you could very well be correct...I know in a lot of states, its charged whether in arrears or not. Perhaps Ohio could come & let us know...

Done Sorry. Was away. Getting caught up instead of sleeping -- gotta love the inability to sleep.

 

[ceara19]

Done Sorry. Was away. Getting caught up instead of sleeping -- gotta love the inability to sleep.

Thank you!

I too just LOVE insomnia. Why anyone needs to sleep for more than an hour or 2 a night is beyond me!