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#775188 - 02/13/19 07:28 PM Ex has opened child support case. Can I ignore?
Taurian71 Offline
recently joined

Registered: 02/12/19
Posts: 2
I have been officially divorced since 2012. Since that time I have paid all spousal and child support payments in full and on time. Despite my timely payments, my ex has opened a case with the Department of Child Support Services. I have received a packet of forms with a cover letter containing check boxes of information to provide to them. The letter contains no deadline or language indicating escalation steps in the event I do not comply.

My question: Can I simply not respond to this? What are the ramifications? What will their action be if I delay?

Thanks in advance for any feedback!

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#775189 - 02/13/19 11:20 PM Re: Ex has opened child support case. Can I ignore? [Re: Taurian71]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 969
If you ignore it and not fill out paperwork nor show to court, your ex can tell the judge you make $500,000 a year or any figure they want, child support will be based on that figure and in most states you can't modify it for 3 years.

If you make more, child support will be more. There's no advantage to delay as judges typically make support retroactive to the day your ex asked to have it revisited.

This only relates to child support. Your alimony will be whatever it says in your decree.

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#775197 - 02/15/19 06:57 PM Re: Ex has opened child support case. Can I ignore? [Re: MinnesotaMom]
Taurian71 Offline
recently joined

Registered: 02/12/19
Posts: 2
Thanks for your reply, MinnesotaMom.

This case is the reopening of the 2012 judgement. She's unemployed and wants to stay that way. Spousal support was completed. It's just child support. As my income has increased, she's trying to reassess so that she can get more. I had a 1 hour free lawyer consultation. Advice was to stall as long as possible. Pressure on her to get a job will increase over time. Her eventual income will then work in my favor when I finally am reassessed. Lawyer mentioned there would be clear deadlines and requirements sent to me from county. The request I've received does not have a deadline or spelled out consequences.

I appreciate your comments. Is there a link or reference you can share to support your perspective? It doesn't seem logical to me that the court would accept anything other than actual proof of income (pay stub, tax return, etc.)

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#775198 - 02/16/19 12:49 AM Re: Ex has opened child support case. Can I ignore? [Re: Taurian71]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 969
As long as you show up in court, your actual income from your tax return will be used. It's not showing up that can be dangerous to your financial health! The courts take lies as fact if you are not there to object.

Your ex should have her income imputed to full time at the minimum wage for child support calculations.

Also, don't ever let logic be part of your decision making process when it comes to anything to do with family courts. Logic often does not apply. Heck, folks have paid years of child support, but didn't write "child support (month,year) in the memo and have had to pay it all again as the courts have called it a gift if not exactly identified. Can you imagine if you overpaid your electric bill by $50K and they wouldn't refund you, calling it a gift? It would make the nationwide news.....but not when it comes to family law.

You can calculate what your child support should be by googling "child support calculator (your state). Some states have the exact calculator that will be used. Others are not official, but are fairly accurate.

If you make more than you did when it was last calculated, expect support to increase.

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