Start Your Divorce Today - Premium Divorce Online


Divorce Source Community Forums >> Child Support

Jump to first unread post. Pages: 1 | 2 | >> (show all)
bretrx7
newbie


Reged: 12/27/09
Posts: 37
question about lowering payment
      #680183 - 08/04/10 07:13 AM



Ok so here goes again and I am sure that I will get beat up again here but dont care. I went to court in Va to get my support lowered being a business owner with a large drop of income due to the poor economy. The judge denied it stating that I could fudge the books which I have not done. The mother seems willing to help as I think that she knows I have been paying too much over the last 10 years. Can you she and if so how can she petition the state to lower the payment if she agrees to and wants to.


Post Extras: Print Post   Remind Me!   Notify Moderator  
BeachBabeRN
Carpal \'Tunnel
**

Reged: 01/16/06
Posts: 3179
Loc: VA for 21 years, NC forever!
Re: question about lowering payment [Re: bretrx7]
      #680191 - 08/04/10 08:42 AM

Yes, she can absolutely do that and support should be lowered if the two of you AGREE that it can be lowered. This might be best done with an attorney -- or at the very least, the two of you showing up for a reduction hearing and presenting a united front to a judge.

Ya gotta understand the judge's perspective -- you've made this much for this long and suddenly you want a reduction. Remember that in VA, income can be imputed to you based on your financial history -- a judge can set your child support at a level commensurate with your earnings POTENTIAL.

Will your ex not refund a portion to you? That is always an option.


Post Extras: Print Post   Remind Me!   Notify Moderator  
gr8Dad
Carpal \'Tunnel
*

Reged: 06/07/04
Posts: 31352
Re: question about lowering payment [Re: BeachBabeRN]
      #680228 - 08/04/10 11:31 AM

So he is being accused of financial misdeeds, with NO proof, and is imputed based on the fact that he COULD be doing something? Maybe we should put him in prison for murder because he COULD kill someone.

--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...


Post Extras: Print Post   Remind Me!   Notify Moderator  
Sherron
Carpal \'Tunnel
**

Reged: 11/25/06
Posts: 20634
Re: question about lowering payment [Re: gr8Dad]
      #680266 - 08/04/10 01:14 PM

"The judge denied it stating that I could fudge the books which I have not done."

This would be the time to consult an attorney... "could" fudge does not equal fudge, and the judge needs to rule on the evidence presented, not what he thinks it may be. How long ago was this? I would try to get the written record of this if you still can.


Post Extras: Print Post   Remind Me!   Notify Moderator  
bretrx7
newbie


Reged: 12/27/09
Posts: 37
Re: question about lowering payment [Re: Sherron]
      #680444 - 08/04/10 07:32 PM

I did have a lawyer for the petition to lower the payment. One reason it was high is that when it was first brought to the court I was self employed and now I am incorporated. This was an ex girlfriend not ex wife. Right now I am paying $670 for one child and the mother makes twice what I make. Even though I had all my tax returns filed by an accountant sowing that my business income as well as my income has gone down for the past 4 years. I took out an equity loan to help mke payments over the years and now my wife has left with this being one of the reasons but not the only one.

Post Extras: Print Post   Remind Me!   Notify Moderator  
almostheaven
Carpal \'Tunnel
**

Reged: 07/13/04
Posts: 10468
Loc: West Virginia
Re: question about lowering payment [Re: bretrx7]
      #680528 - 08/05/10 07:14 AM

The simplest, cheapest method...if she's willing to help you reduce it, she should be willing to simply send you back a portion each month. You don't have to pay a lawyer to file this, no court costs, no time off work to go to court. You pay your CS, then she gives you back some of it. You have a record of it being paid, but she's giving you a break on what you actually pay without actually modifying the order.

--------------------
Char Fox


Post Extras: Print Post   Remind Me!   Notify Moderator  
BeachBabeRN
Carpal \'Tunnel
**

Reged: 01/16/06
Posts: 3179
Loc: VA for 21 years, NC forever!
Re: question about lowering payment [Re: almostheaven]
      #680530 - 08/05/10 07:34 AM

Have you actually done the math on this one? I had the same child support figure and know what the math was on it, I got that for TWO children.

Refigure the child support using your ACTUAL income and hers. I think you'll see that you may end up paying MORE in this situation, although it will be a lower percentage of a larger number.

Without the numbers I can't figure it for you but if she's willing to lower the support, the easiest way is for her to refund it back to you.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Debi
Carpal \'Tunnel
**

Reged: 06/03/05
Posts: 7155
Re: question about lowering payment [Re: bretrx7]
      #680672 - 08/05/10 01:28 PM

"Can you she and if so how can she petition the state to lower the payment if she agrees to and wants to."

My first question would be ....is she on any type of assistance? If so the state will not allow her to agree to lower the payment. If she agrees to give part of the money back to you on her own she would be recieving assistance based in part on your CS so I wouldn't hold my breath waiting for her to refund part of it if she figures that out. Agreeing with you that you pay too much and actually giving part of it back can be two seriously different things.

--------------------
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.


Post Extras: Print Post   Remind Me!   Notify Moderator  
bretrx7
newbie


Reged: 12/27/09
Posts: 37
Re: question about lowering payment [Re: almostheaven]
      #681310 - 08/08/10 08:51 PM

[quote]The simplest, cheapest method...if she's willing to help you reduce it, she should be willing to simply send you back a portion each month. You don't have to pay a lawyer to file this, no court costs, no time off work to go to court. You pay your CS, then she gives you back some of it. You have a record of it being paid, but she's giving you a break on what you actually pay without actually modifying the order. [/quote]


Well that is a great idea and I think that she would be willing to do that. Sounded like she is willing to do it until the economy gets better.


Post Extras: Print Post   Remind Me!   Notify Moderator  
BeachBabeRN
Carpal \'Tunnel
**

Reged: 01/16/06
Posts: 3179
Loc: VA for 21 years, NC forever!
Re: question about lowering payment [Re: bretrx7]
      #681490 - 08/09/10 05:18 PM

It is also VERY possible to have no child support ordered by a court but the two of you ABSOLUTELY have to agree and be willing to do that in front of a judge. Perhaps an order with a time limit?

I authored such an order years ago.


Post Extras: Print Post   Remind Me!   Notify Moderator  
bretrx7
newbie


Reged: 12/27/09
Posts: 37
Re: question about lowering payment [Re: BeachBabeRN]
      #681764 - 08/10/10 08:31 PM



After my last experiance I prefer to stay out of the courts.


Post Extras: Print Post   Remind Me!   Notify Moderator  
BeachBabeRN
Carpal \'Tunnel
**

Reged: 01/16/06
Posts: 3179
Loc: VA for 21 years, NC forever!
Re: question about lowering payment [Re: bretrx7]
      #681857 - 08/11/10 07:22 AM

I under stand that completely but it is totally in your best interest to bring it back into court. If you pay less with a VERBAL agreement in place, that could come back to haunt you, as she is free to attempt to obtain what will then be considered an arrearage in child support.

If she simply gives some back to you, there's no issue.

Is there only one Juvenile & Domestic judge? If not, attempt to put it in front of another judge.

If you don't want to go into court, then the only way to pay less is for her to refund some of the support back to you. Do NOT lower your payments without a court order in place.


Post Extras: Print Post   Remind Me!   Notify Moderator  
almostheaven
Carpal \'Tunnel
**

Reged: 07/13/04
Posts: 10468
Loc: West Virginia
Exactly... [Re: BeachBabeRN]
      #681880 - 08/11/10 08:28 AM

>>>>>If you don't want to go into court, then the only way to pay less is for her to refund some of the support back to you. Do NOT lower your payments without a court order in place.

If she gets mad at you later and decides to get back at you for something (could be 5 or 10 years down the line), she can always claim you're in arrears, and you couldn't prove otherwise since you technically paid less. But if you pay the full amount and she sends you back a portion, then you have the proof that you did actually pay it all.

--------------------
Char Fox


Post Extras: Print Post   Remind Me!   Notify Moderator  
bretrx7
newbie


Reged: 12/27/09
Posts: 37
Re: Exactly... [Re: almostheaven]
      #682149 - 08/11/10 07:30 PM

She has agreed to refund me each month until Jan 2011. I will make the same payment every month. I cant afford another lawyer. I just spent a couple thousand and have not saved a penny on my payments. I just really sucks that I have to ga around selling stuff to make ends meet. If I remember they said they only have one judge but I am not sure and cant afford it anyway.

Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1 | 2 | >> (show all)



Extra information
0 registered and 14 anonymous users are browsing this forum.

Moderator:  dsAdmin 

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is disabled

Rating:
Topic views: 5327

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: