TnMom1
(recently joined)
09/13/11 10:03 PM
Modification objection

So review was done & my ex has reduction in cs (almost $500 a month) but I object because it went down so much & I provide a lot for our kids which I have most of time. Has anyone ever filed objection to modification recommendation & how did it turn out?

Cassie23
(Carpal \'Tunnel)
09/13/11 10:18 PM
Re: Modification objection

What state? Why was the reduction given? Was your X laid off? Lose his job? If the new calculations is based on current incomes, then why do you believe that the newest configuration is not reasonable?

TnMom1
(recently joined)
09/13/11 10:38 PM
Re: Modification objection

Reduction due to change in job. He gets paid less but he always worked a lot when we were married so original order was for a lot more. State is Tn. I just can't believe they would lower it so much & just wondered if anyone had ever objected & if the modifcation was changed. I don't know what to expect at hearing if it is straight income based or I can show that I pay so much more for everything than he does.

gr8Dad
(Carpal \'Tunnel)
09/13/11 11:13 PM
Re: Modification objection

Well, if you were married, and he lost his job in an economic downturn (which we are deeply in) what would happen to your standard of living? Reductions, as a whole, for cause, are not in the majority. Thusly, the cause must be reasonable.

DedicatedDad
(veteran)
09/14/11 01:15 AM
Re: Modification objection

Sounds like he got a job for "only" 40 hours a week instead of a ton of overtime.

To the OP, what is his income now compared to before, and how much is CS now with the $500 reduction?


ssmom79
(Carpal \'Tunnel)
09/14/11 08:18 AM
Re: Modification objection

I don't know any specifics, but they don't look at the change in the amount being a small or large number when doing a review. They put the numbers in a formula and a result is calculated. If it's $1000 lower or if it's $100 lower, that is not relevant to the calculation.

Can you explain what you mean by you pay so much more for everything?


Cassie23
(Carpal \'Tunnel)
09/14/11 09:47 AM
Re: Modification objection

If there are significant differences in income one parent will be providing more for the child. My H paid over $1100 a month for ONE child while the BM made between $9k-$15k a YEAR. I think he did have her imputed at $25k one year (which was the max she ever made). So obviously here was a woman underemployed (since she would quit to take summers off, or work 1/2 the year) whose X was paying more in CS than she was making in a year.

If you feel like you are paying for too much, it may be time to tighten the belt and start spending less because you cannot afford what you used to. If you were living in an intact home and your spouse had to take a pay-cut the entire household takes a pay-cut. Same as the CS in this situation.


hanzblinx
(enthusiast)
09/14/11 01:28 PM
Re: Modification objection

[quote] My H paid over $1100 a month for ONE child while the BM made between $9k-$15k a YEAR. [/quote]

I pay more than that, but that's not the point. The point is how does a BM collect $1500/mo in CS, not have a job, and expect me or anyone to believe she is spending the CS on the child. It's a corrupt system. I know for a fact she is living off my kid's CS.

Corruption is more prevalent on on the BM side. And thank goodness in my state overtime does not count on calcs because my ex would get $2000/mo in CS. ABSURD. I had my son the entire month of July, took him everywhere, did everything (theme parks, new toys, etc) spared no expense, and it cost me about $700. The CS system is a SCAM. Oh and by the way, I sent a check to the BM for that month of July in the amount of $1500. For what??? He was with me.


Goodmom
(Pooh-Bah)
09/15/11 06:02 AM
Re: Modification objection

Was the reduction in income because your ex quit the higher paying job? If so, you have a very good chance of getting income imputed to your ex. But a review through the agency that collects child support isn't where you would fight for this. You would have to go to court.

Goodmom
(Pooh-Bah)
09/15/11 06:04 AM
Re: Modification objection

[quote]Well, if you were married, and he lost his job in an economic downturn (which we are deeply in) what would happen to your standard of living? Reductions, as a whole, for cause, are not in the majority. Thusly, the cause must be reasonable. [/quote]

The OP did not state if the ex had left the higher paying job voluntarily.

The agency that handles the collection and review of child support does not have the authority to impute income. Only a judge can do that. Hence, the need for more information from the OP before jumping to the conclusion that it was an involuntary reduction in income.


Debi
(Carpal \'Tunnel)
09/15/11 03:59 PM
Re: Modification objection

You might not want to tell her she has a "good chance" of having it imputted. Even if you know whether it was voluntary or not you still don't know the judge. He or she can do whatever they want. The judge in family court where I am doesn't believe in imputting no matter the circumstances. (He told me that, so yes I know)

TnMom1
(recently joined)
09/17/11 05:28 PM
Re: Modification objection

Ok original poster here-- not sure I can make a big deal about change in job or lack of overtime because he now has kids on weekends & can't work overtime. Job change was lateral if overtime is not figured in, but overtime was figured in original support order.

DedicatedDad
(veteran)
09/17/11 06:15 PM
Re: Modification objection

If he makes a lesser wage per hour or works less than 40 hours per week, that can be brought up to impute income. In most, they will not require former overtime.


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