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

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  #1  
Old 09-14-2013, 11:52 AM
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plainNamedDad44 plainNamedDad44 is offline
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Default How do I apply to change my CS

Hi,

I am heading into my first case conference on Sept 26. I have been voluntarily paying CS and SS. I am self employed, so I used my 2012 NOA to set amounts.

I have just lost my IT Contract, so my income is drastically reduced at this moment. I have provided proof to the other side of me losing my contract.

Can anyone please tell me what the process is to (temporarily) reduce my CS and SS until I get another IT contract ?

Thanks
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Old 09-14-2013, 02:36 PM
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You are paying voluntarily? No current order? If that is the case, you simply notify the other side of your reduction in income, and state that in 30 days the voluntary payments will be reduced to X and Y as per your new income.

When it goes back up, you do the same.

Why are you paying SS without a court order?
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Old 09-14-2013, 03:01 PM
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Quote:
Originally Posted by NBDad View Post
Why are you paying SS without a court order?
Afraid of appearing like a d*ck to a judge. Perhaps foolish of me.
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Old 09-14-2013, 03:09 PM
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Nothing foolish in doing the 'right' thing.
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Old 09-14-2013, 04:00 PM
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Spousal support is almost never the "right" thing. Maybe this is one exception. Before we jump on each others throat, let's hear the whole story.
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Old 09-14-2013, 10:33 PM
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Look at it this way: If she isn't entitiled to spousal support, or if you are overpaying the amount, then she is receiving money she isn't entitled to. She is currently budgeting and making plans according to what she is receiving.

If/when a court decides, according to the facts and the law, that she isn't entitled to this amount, you will have put her into a difficult situation.

Unless you are ready, willing, and able to maintain her lifestyle indefinately, you are not doing her any favours by paying spousal support right now. You are more of a dick for leading her on.

You should also not jump to uninformed conclusions about what judge will think of you. You should also not presume that being a dick will deprive you of the right to a fair hearing based on facts.
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Old 09-15-2013, 12:48 AM
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This drop in income is the perfect time to say you're unable to continue paying SS, and will adjust CS according to table guidelines. You get to stop paying while not looking bad. Then if your income goes up again, adjust the CS, but don't resume SS.
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Old 09-15-2013, 08:02 PM
FrustratedPartner FrustratedPartner is offline
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Quote:
Originally Posted by plainNamedDad44 View Post
Hi,

I am heading into my first case conference on Sept 26. I have been voluntarily paying CS and SS. I am self employed, so I used my 2012 NOA to set amounts.

I have just lost my IT Contract, so my income is drastically reduced at this moment. I have provided proof to the other side of me losing my contract.

Can anyone please tell me what the process is to (temporarily) reduce my CS and SS until I get another IT contract ?

Thanks
If you are heading into a case conference, this means that some kind of motion(s) have been filed. Who is the Applicant and what kind of motion was filed?
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Old 09-15-2013, 08:12 PM
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Quote:
Originally Posted by FrustratedPartner View Post
If you are heading into a case conference, this means that some kind of motion(s) have been filed. Who is the Applicant and what kind of motion was filed?
No motion can be filed until after the first case conference is heard.

The first case conference being for the trial. After that a motion may be filed, and there would be a case conference for that motion.
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Old 09-15-2013, 08:19 PM
FrustratedPartner FrustratedPartner is offline
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Thanks for clarifying Mess...but something needs to be filed for the court to call case conference, no?
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