jeff123
newbie
Reged: 02/04/10
Posts: 26
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First I am a good guy and always pay my CS on time but I still think I am getting screwed based on what the mediator sold to me as what the judge would order. The mediator also met with us sep. to come up with the agreement. I know the rules about having to have a lawyer look at it but also thought it was good.
Anything I can do before the three years? I just was not aware what the judge would order and also became a little scared with the whole thing as I have never done this before.
Help any options at all? I pay a significant amount based on 50% parenting, pay for insurance, pay half of anything extra, and 30% of my bonus.
Thank you,
Jeff
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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Oh also my agreement was signed in 2008 but final was in March of 2009 but started paying on my agreement in 2008 when it was signed with mediator.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Anything I can do before the three years?
>>>>>>> File for a mod , there is no 3 year rule . One of the criteria for modification is automatic review once 3 years have elapsed but reviews can be conducted earlier on request after showing a substantial change in circumstances ( including paying more than what would be ordered ) .
Here's the CS worksheet
w ww.dhhs.state.nh.us/NR/rdonlyres/e4clr6oxllb55rlsvnskvignvbf5cuxda2asgqu7mfw636hq27dvu3oqdssgwhjtljffgahgmh5p3mxvnafdlu3g2qb/worksheet.pdf
Forms are available here
w ww.courts.state.nh.us/fdpp/forms/allforms.htm#divorce
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Careful. We don't want to learn from this.
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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Is googledad right is that enough to ask for a modification?
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Of course I'm right .
458-C:7 Modification of Order. –
I. (a) The obligor or obligee may apply to the court or, when the department of health and human services has issued a legal order of support pursuant to RSA 161-C, to the department, whichever issued the existing order, for modification of such order 3 years after the entry of the last order for support, without the need to show a substantial change of circumstances. This section shall not prohibit the obligor or obligee from applying at any time for a modification based on substantial change of circumstances.
(b) Not less than once every 3 years the department shall provide notice to the parties subject to a child support order payable through the department informing them of their right to request a review, and, if appropriate, the right to apply for adjustment of the child support order. The notice provision may be included as part of the initial support order or any subsequent orders.
(c) Not less than once every 3 years the department shall review all child support orders in which there is an assignment to the department pursuant to Title IV-A of the Social Security Act and, if appropriate, apply for adjustment of the child support order in accordance with the child support guidelines.
II. Any child support modification shall not be effective prior to the date that notice of the petition for modification has been given to the respondent. ""Notice'' means:
(a) Service as specified in civil actions; or
(b) Acceptance of a copy of the petition, as long as the petition is filed no later than 30 days following said acceptance, and as long as the petitioner provides proof of acceptance by a certified mail receipt. Nothing in this subparagraph shall be construed to affect service as required by law.
III. Whenever the court, pursuant to this chapter, modifies a support order which results in an overpayment of support, the court shall order, absent a showing of undue hardship, the obligee to directly reimburse the obligor for such overpayment of support or order an adjustment to the modified support order until reimbursement of the overpayment has been satisfied. Any reimbursement ordered shall be only for an overpayment that occurs after the date that notice of the petition for modification of support order was given to the respondent. The court shall enter an order for reimbursement as a provision of the modified order, which order for reimbursement shall take effect 30 days after issuance, unless either the obligor or obligee requests, within such 30-day period, a separate hearing to determine the amount and frequency of reimbursement.
Source. 1991, 233:1. 1995, 310:175, 181. 2004, 169:1, eff. July 23, 2004. 2007, 274:1, eff. Jan. 1, 2008. 2009, 101:1, eff. June 15, 2009.
NH Statutes
w ww.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XLIII-458-C.htm
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Careful. We don't want to learn from this.
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jeff123
newbie
Reged: 02/04/10
Posts: 26
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So I will try to be clear but I think my ex has had an increase to 50K to 55K in base salary and 5 to 10K bonus. If I use the calculator for 50K as me as the obligor and her has the obligee and reverse them for the 50 / 50.
I get a difference from my current monthly of 286.22 which looks like a 26% difference. That is also not taking into account that I pay 30% of my bonus if I hit it. She did not calculate bonus anywhere into her side during the decree as she did not have one.
Also if I do 55K the difference is 479.74 or a 32% decrease.
The bottom line is I am trying to get the judge to look at modifying my agreement for CS payment, removing the bonus piece, and making her carry insurance as well to prevent out of pocket expenses as we have to split it right now.
I know I signed a [censored] agreement due to my first and being scared of what the judge would order, so now just trying to figure out any way for the court to look at it as it cant get much worse.
Thank you for your time looking...
Jeff
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