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#199098 - 02/25/07 10:55 PM Can I modify CS????
Geneva Offline
newbie

Registered: 06/02/05
Posts: 41
Loc: TN
Ex and I switched custody on 15 year old. I was working and pregnant with my third child and CS was set at $80.00 per week. A couple of months before I was due the company closed and I went on unemployment. I thought I would go back to work after my other son was born so I agreed through my attorney that I would pay $39.00 per week ( this was based on unemplyment and then go back to $80.00 per week with the understading on my part that I could then come back for a modification based on 2 children at home and new wages ( I have a 6 yr old also).

Well after my son was born my husband and I decided that after daycare and other expenses I would really just earn enough to pay that and not really help with the bills. So I wanted my attorney to file for a modification and let them look at my past income over the years. I have never made over $20,000 a year when I have worked.

Atty said that I could not go back because I had agreed to that amount when I was unemployed and I am still unemployed so my situation has not changed. (keep in mind he is 26 and just graduated law school) I cannot afford another attorney. My question is "can I just file through the state for a modification"? I am paying $80.00 per week and I am behind a a couple hundred right now and I am unemployed!!! This doesn't seem right to me. My friend said they would consider me voluntarily unemployed and impute me to 38,000.00 per year but I have documents showing what I have made in the past. Any advice would be appreciated. Thanks

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#199099 - 02/25/07 11:35 PM Re: Can I modify CS???? [Re: Geneva]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
I don't even know where to start.........

So what your attorney is 26 and a recent graduate...that just means his knowledge of law is current.

Your current CS agreement is based on the fact that you said you were going back to work...that you just needed a temporary break. NOW you've decided that you don't want to go back to work and think that what...CS should stay the same or disappear?

Your friend is correct. If you can work 40 hours/52 weeks and earn $38k...that is what they will based your income even though you only worked say 30 hours/40 weeks.

As for you being behind...if your husband is in agreement to you staying home, then he needs to pay your child support.
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If you air your dirty linen in public, expect people to comment on the skid marks!

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#199100 - 02/26/07 12:21 AM Re: Can I modify CS???? [Re: Geneva]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
What was the $80/wk based on BEFORE you became unemployed? If it was based on $38K is that what you were making with the company that closed? A judge may or may not impute it to that. Yes, you're voluntarily unemployed BUT, you were NOT voluntarily unemployed from THAT company with THAT pay. You have to be able to prove all you can make is $20K, that you just got lucky in that job and that you had no choice about losing that job. They may still set it at the $38K. All depends on who has the better case and what side of the bed the judge woke up on. It may also be that since you just recently made this agreement, you may have to wait a couple years before you can try for a mod.
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Char Fox

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#199101 - 02/26/07 12:23 AM "then he needs to pay your child support"... [Re: Gecko]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
That's true regardless of his feelings on the matter. If you have a home in BOTH your names...they can take it. Joint bank accounts? They can sieze them. Joint tax refunds, they can intercept them. He's married to you, he's supporting you. That means he also needs to support your bills, ALL your bills. Or he may face the consequences of it in the long run. If you end up in jail, who is going to watch the kids then?
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Char Fox

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#199102 - 02/26/07 12:32 AM Re: "then he needs to pay your child support"... [Re: almostheaven]
Geneva Offline
newbie

Registered: 06/02/05
Posts: 41
Loc: TN
Th e$80.00 was based on $12.00 per hour and 1 child. No I have never madse 38K. I believe that is the guideline for a female in TN if you cannot show proof of past income. My husband it helping me pay it but it is beginning to get difficult because I am not earning anything right now.

I don't wan't to stop paying just have it lowered a little to were it's managable.

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#199103 - 02/26/07 12:56 AM Re: "then he needs to pay your child support"... [Re: Geneva]
jsp Offline
Carpal \'Tunnel

Registered: 10/01/05
Posts: 4197
Given how little you are paying, if you get it any lower, its not going to really help dad so at that point what is the point of paying child support?

I can understand your choice to work vs. day care, but why not get a job for a few hours at night or on the weekend when your husband isn't work and can watch the kids so you can continue to pay your child support?

If you had custody of your child and dad was paying child support and not working, would you be ok with him paying no child support as he was voluntarily unemployed (regardless of the reason)?

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#199104 - 02/26/07 12:59 AM Re: "then he needs to pay your child support"... [Re: Geneva]
M5M5 Offline
Carpal \'Tunnel

Registered: 07/29/05
Posts: 11830
In TN they will base it on your last known income @ 40 hrs a week.

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#199105 - 02/26/07 01:07 AM Re: "then he needs to pay your child support"... [Re: M5M5]
Geneva Offline
newbie

Registered: 06/02/05
Posts: 41
Loc: TN
I see your point, when you look at the big picture it is not a lot considering he is a teenager. I cannot work at night or the weekends my husband is in sales so he travels quite a bit and stays overnight so I could not count on him to watch the kids. $80.00 just seems like a lot when things are a little tight.

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#199106 - 02/26/07 01:15 AM Re: "then he needs to pay your child support"... [Re: Geneva]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Females have special provisions in TN? WOW!!!
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13.1...because I am only half crazy!

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#199107 - 02/26/07 01:37 AM Re: "then he needs to pay your child support"... [Re: Miranda]
jsp Offline
Carpal \'Tunnel

Registered: 10/01/05
Posts: 4197
$80 might be tight for you, but have you ever considered your son's needs? If he were living with you, how would you at minimum feed the kid given you can't afford anything in child support?

You have no friends, family or a babysitter to watch the kids so you can work 10-15 hours per week? You can't find an on call job where you can work when he is in town? How about babysitting in your home if you can't work outside your home and no one can watch the kids?

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