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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 05-26-2010, 02:44 PM
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Default Few Questions In Regards to motion to vary child support

Hi everyone,

I received a motion to vary child support due to recent unemployment from my ex. I took him to court shortly after our daughter was born 7 years ago, and havent seen him since.

Throughout these years I have tried to find him, but he even went to the extent to provide court with a false address....so hes been unreachable all these years.

The support he was ordered to pay was based on an income of 43,000 yearly. He is now wanting to switch it to be based on his unemployment income which is 23,000 yearly. He also has two children from a seperate marriage who are now 16 and 17, and he wants to take the amount payable for all 3 of his kids with an income of 23,000 and give me a third, and the other to his other ex..is this how it works? Also he claims that he has an agreement with his ex, but they are not listed with the FRO, just me and him are.

Also, because I know full well when he gets another job, he will make it so I cant find him (even this time around he once again put a false address on the papers he served me with)...is there anything I can do with the courts to ensure he will return to court when he finds employment?

On his tax returns I noticed the past 3 years he has made in excess of 60,000 a year, so I suppose thats why he really didnt want me to find him.

On the papers it said I have until a certain date to accept his offer or he gets a lawyer and he will seek costs.

I am just asking because hes not trustworthy and I really dont know anything about this. Thanks to all in advance for your help!
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Old 05-26-2010, 03:14 PM
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He is lying his face off....

Let him get his Lawyer...

#1. Unless you consent, he cannot change his child support payments without a court order.

#2. CS payments are not split into thirds the way he is claiming.

#3. If he was making more money than the original amount, (as per your 7 year old CS order), and he was deliberately hiding from you, and failed to disclose his income to you, he will be on the hook for a retroactive adjustment and he could end up owing you a substantial sum.

Don't trust anything he tells you.
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Old 05-26-2010, 04:01 PM
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Thanks so much for the information! I didnt think things worked like that...(1/3 of the child support according to his income goes to me, the other to his other ex)
Now, because I don't agree with that, is there a form I have to fill out and send back to him?

In regards to his job loss, is there some sort of order they can give him to reduce it for a short term and give him a date to return? Because I know he will make it impossible for me to find him...hes been unemployed for 9 months now, and I think hes waiting until court is over before he looks for anything.

Thanks!
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Old 05-26-2010, 04:26 PM
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he can't have the amount reduced until the court orders it. There is no interim reduction.

If I were you I would file for retroactive support. There is no way in hell that he will get it reduced if he was doing everything you say he is.
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Old 05-26-2010, 05:24 PM
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Get familiar with the child support guidelines here: Federal Child Support Amounts: Simplified Tables.

He can take you to court, but if the judge does not agree with his demands, then you would NOT have to pay his costs. Actually, if you state what your offer is (e.g. 'I will not pursue retro-active CS for the last 3 years (be specific on which years these are), and request that CS amount remains unchanged at this time') and behave fully upfront and reasonably, then there is a good chance that HE would be ordered to pay YOUR costs.

Last edited by dinkyface; 05-26-2010 at 05:31 PM.
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Old 05-26-2010, 09:26 PM
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Don't count on getting retroactive support if he is not working. And don't count on getting costs. I know, been there done that. My ex has consistently never been nailed for costs nor retroactive even when I could prove his income was more than he claimed. In fact in 10 years, he has been ordered to provide his income tax assessments and statements and never has. Judge DID nothing except agree to reduce his child support to nothing because he was unemployed. I know its not how it is supposed to work, but the system is seriously flawed. I must be the unluckiest person in the world and keep getting judges who are having a bad hair day.
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Old 05-27-2010, 08:31 AM
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Thanks everyone for all of the answers!!!
I am relieved, as I dont agree with the 1/3 support, but I also can't afford to be paying his court costs since he added on the papers if I dont agree and sign, he will be getting a lawyer and seeking costs.

My biggest fear is finding him to get him back to court if his support is reduced..is there a temporary order or some way that they might order him a date to return if they do indeed reduce it?
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Old 05-28-2010, 10:56 AM
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Yes the judge can put it in the order that child support should be revisited by a certain date , ie August 2011. They would do that to give the other party time to find a job, receive notice of assessment for the 2010 year etc. You would have a very good chance of receiving retroactive support for those 3 years and you could suggest that he pays according to table now and retroactively for the past 4 years, any arrears owed could be paid at support plus 100 arrears monthly until he finds employment at which time you would like the arrangement for support plus arrears to double until paid off. You can also ask for costs because he has forced this matter to court by making unreasonable demands that do not take into account the best interests of the child. When you do revisit the case in say a year, you can also ask for extra expenses Section 7, for extracurricular activities for your child like swimming and soccer. Don't be intimidated by his motion, move with it. You can do it, also if you don't have a lawyer you can visit the family law office and see a lawyer there free of charge.
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Old 05-28-2010, 01:23 PM
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Thanks for the response. I made a mistake when I said this was for a motion to vary. He served me with the motion to vary in November, we went to court in March, and the judge made a date for case conference for late June. So it is the case conference papers I am talking about. I sent him his papers, got his crazy response (which is what I have been asking about)
If I want to try to make some kind of offer to settle on what I think is fair, is there a certain form I use? Or do you think at this point I should just wait and bring in the papers confirming we havent reached an agreement? I am representing myself.
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Old 05-28-2010, 09:09 PM
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You would fill in the Case Conference form 17B and another financial statement Form 13, since he is asking to vary the child support, you would file them with the court not less than 30 days before the scheduled conference. On those papers you would put what you would like, an offer of sorts, explain your position in points or numbered paragraphs, you can get it sworn by the family law office and have a lawyer there go over it with you for free, file it and then serve him a copy by regular mail, go back and file form 6b affidavit of service, you need to have it witnessed by the clerk again, then wait for your conference. Approximately 4 days before you go to the case conference you will have to fax a form confirming your attendance then Go before the judge and state your case, you have a prima faci case, quite simple and straight forward. Good Luck
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