preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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[quote]To the best of my knowledge it is based on PRIOR YEARS W-2s. The current stubs only back that up. If they didn't exist, they would go based on prior year. Since, at the time of the CS request, he did NOT make that money? It's not COUNTED b/c it wasn't EARNED yet.
NOW, if you want to say there has been a change in CIRCUMSTANCE, where he now has a higher paying job? Then THAT might be a valid ground on which to base your case. Since the increase is 30%+ of what he WAS making.
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This is correct. I would still have her check her CO and make sure she didn't sign something saying that the CSSA was given to her.
-------------->> I'd like to know what exactly she DOES have. Is this a Stipulation? Was she married? What exactly IS the deal? If she signed a Stipulation? Then the standard wording in that includes the acknowledgement (at least from any I have seen) that you have seen and received a COPY OF the CSSA. That's part of the standard verbiage. Not sure if it is with Child Support only (no divorce) agreements. I can't speak to that.. not sure you can either?? I can't remember what my girlfriend's said? I thought it was also that "standard" verbiage? But I wouldn't swear to that.
Regardless, she can go in and ASK for a modification based on change of circumstances- child's needs have increased (BM uses that every time) and increased income. Since it has been three years out, maybe they will give it to her. [/quote]
---------------------->>> Mmmmm... non working mom? Going after a guy who is currently stationed overseas? I think that's gonna be a toughhhh sell. She has also not mentioned WHERE she lives in NY. That might sway me ;) The counties you're familiar with seem to give out mods like candy to babies, the ones I am, they're tightwads ;)
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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---------------------->>> Mmmmm... non working mom? Going after a guy who is currently stationed overseas? I think that's gonna be a toughhhh sell. She has also not mentioned WHERE she lives in NY. That might sway me ;) The counties you're familiar with seem to give out mods like candy to babies, the ones I am, they're tightwads ;)
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I think you might be right on that one too, considering he is out of the country. I think it would be hard to sell, she can try it-- I guess if anything it will just be a waste of time.
Now, as for the divorce decree, yes in there. As for CS modifications- in there. So they are a modification to the divorce decree, at a CS hearing.
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Redlegg
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Reged: 10/05/06
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She can file it. He has to actually petition for it to be delayed. It can be handled when he gets back. Knowing NY, it might be worthwhile because as long as they are looking to raise revenue, all kinds of fees will go up. Even the SCRA has its limits, it cannot be delayed indefinitely.
I think the right thing to do would be to file, and inform him you are filing, so he can request the delay, and it is handled as soon as he returns.
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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It never worked that way for us. When the courts found out we were overseas the judge/court would not touch the case...at all. We never had to petition for jack...in fact the CSE lawyer is the one who said they would not touch the case (she was looking for a reduction).
She can file, but he would still have to be served. Again once they found out he was overseas I don't think there is much they can do.
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13.1...because I am only half crazy!
Edited by Miranda (11/23/09 05:34 PM)
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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She stipulated a 2K a year reduction for travel costs. So it seems the amount she is getting is what she should be getting off of 40K.
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13.1...because I am only half crazy!
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preemiemom
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Reged: 01/17/07
Posts: 19391
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[quote]She stipulated a 2K a year reduction for travel costs. So it seems the amount she is getting is what she should be getting off of 40K. [/quote]
That's basically the net result I came to :)
She signed it, she agreed to it, the phrase "S.O.L." comes to mind.
I also think she has BIG brass balls bytching about HIM "lying" about ANYTHING when she's not even SUPPORTING her child.. herself. Personally? I think she would get laughed out of court so fast it would be embarassing. I don't know that I'd subject myself to that level of embarassment but, some people don't know any better ;)
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Redlegg
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Reged: 10/05/06
Posts: 26677
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That makes sense, you would not have to request protection unless you were served. it is good to see some courts take it upon themselves to make sure the service member is protected and not even make them go through the motions.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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Do people really get served for CS modifications/hearings? H never has. He gets a paper in the mail with a date for a hearing for CS modification. There is no delivery confirmation/signature attached to it. Just a letter from the court with the time and date and a financial affidavit to fill out and bring with you to court.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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I also think she has BIG brass balls bytching about HIM "lying" about ANYTHING when she's not even SUPPORTING her child.. herself. Personally? I think she would get laughed out of court so fast it would be embarassing. I don't know that I'd subject myself to that level of embarassment but, some people don't know any better ;)
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I think him being overseas will hurt her because how can he be there to SHOW them his most recent W-2?
As for her not working, every time BM was in court for modifications she wasn't working and she was pregnant with the new guy in court with her. Didn't stop the magistrate from giving her an increase. But then again I really hate that magistrate.
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cherokee
newbie
Reged: 11/19/09
Posts: 42
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that's the net you came to, when before you said there is a loophole in the cssa. well i never received and/or signed for such a document... so which is it......thank you
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