I am going to be filing a motion to change in the next few weeks and I have a couple of questions.
Explanation:
We have shared 50/50 custody of our two children.
We have a signed final order that states that CS will be payed using the offset method.
Every year we are to exchange tax returns, calculate a new amount and as of June 1, start paying the new amount.
In addition, we calculate any over/under payment for the last year and that is to be paid either as a lump sum or over the next year.
Order states that if there is a material change in circumstance we will use the most current income instead of the previous year's income when calculating the new amount.
I am currently the payor. On Feb 1 next year I will be going on mat leave. My income will be drastically reduced. I am filing a motion to request that the CS amount be recalculated early using our expected incomes. This is to avoid me paying support for 4 months (realistically more because it's through FRO) after my income is reduced and to avoid a large overpayment being applied the following year (ex will owe that money back to me).
This motion will cause a nuclear war. I am so stressed out about the whole thing. But - not important.
My questions are:
We are requesting a change that will absolutely be denied by my ex so we will end up at case conference. What is the process at that point? Do I need to 'request a motion' at the case conference or will it automatically be ordered since I filled out a 'motion for change' in the first place?
Secondly - since my order mentions a change in circumstance will result in using current incomes during recalculation, do you think a judge would deny my request and make me wait until the June 1 changeover? I'm worried that the judge will state that the order deals with changes in circumstance already and dismiss my motion....thoughts?
Lastly, if I file this motion - does it mean I am opening myself up to my ex re-arguing our current order??
And as always, thanks for the input!
Explanation:
We have shared 50/50 custody of our two children.
We have a signed final order that states that CS will be payed using the offset method.
Every year we are to exchange tax returns, calculate a new amount and as of June 1, start paying the new amount.
In addition, we calculate any over/under payment for the last year and that is to be paid either as a lump sum or over the next year.
Order states that if there is a material change in circumstance we will use the most current income instead of the previous year's income when calculating the new amount.
I am currently the payor. On Feb 1 next year I will be going on mat leave. My income will be drastically reduced. I am filing a motion to request that the CS amount be recalculated early using our expected incomes. This is to avoid me paying support for 4 months (realistically more because it's through FRO) after my income is reduced and to avoid a large overpayment being applied the following year (ex will owe that money back to me).
This motion will cause a nuclear war. I am so stressed out about the whole thing. But - not important.
My questions are:
We are requesting a change that will absolutely be denied by my ex so we will end up at case conference. What is the process at that point? Do I need to 'request a motion' at the case conference or will it automatically be ordered since I filled out a 'motion for change' in the first place?
Secondly - since my order mentions a change in circumstance will result in using current incomes during recalculation, do you think a judge would deny my request and make me wait until the June 1 changeover? I'm worried that the judge will state that the order deals with changes in circumstance already and dismiss my motion....thoughts?
Lastly, if I file this motion - does it mean I am opening myself up to my ex re-arguing our current order??
And as always, thanks for the input!
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