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Author Topic: questions about getting a modification  (Read 903 times)

shawneetears

  • Guest
questions about getting a modification
« on: Jan 31, 2005, 09:56:03 PM »
HELP!   Have had a major financial set back.....left my primary job and now income is temporarily cut in half.
Has anyone filed a modification and won....even a temporary one?
A little background -  I left a job I had been with for over 4 years.  Many reasons, partly I was pushed into it (LSS: stepped on the wrong persons toes and was given a choice to resign or possibly be terminated, as i was having other troubles I took the less damaging to my career) Bear in mind, that while this had been my primary employment it was a part time position; one of two I have held to make ends meet.
OK, second item of note.  I am a full time college student taking courses which will advance me in my current field significantly.  The secondary reason I didn't fight over the job was that it was wearing me down doing 36 hr shifts.....something that had happened for the three weeks prior and was scheduled for the following week.
Other factors included a need for medical insurance and a continual  need for flexability to accommodate my school hours.
My secondary part time job (which has become my first) I have been with longer....about 7 years.  Unfortunately, it is difficult for them to find me 40 hours consistantly....it generally averages 24 that I can count on with only occaisionally having to pull doubles.
The wages are decent but at least for the moment my pay has literally been cut in half and I cannot afford to keep up the 550 a month in support.
I wont' even get into the intricacies of visitation etc.  as that is, legally, a seperate issue.
So...the question is where to go from here.  What I need is a temporary reduction untill I can get back on my feet.  I am due to start a new job within the next couple weeks that will allow me to keep a flexible schedule so that when I schedule at school changes I can easily adapt my work hours.  The draw back is that it is a commission type job...it will take some time to start showing a significant profit.  I will supplement with the the other job but still don't forsee gettting more than 24 hours a week consistantly.

Obviously this decrease in pay would make a significant difference in the support obligation but I wonder if the judge will think that I left the job in order to reduce support or simply dissallow the request because I left the job voluntarily.  

I know this will mean a trip to court....which costs also... and I really don't care to have all the whys and where fores brought out.  

Has anyone any experience in this?  What kind of a form do I need to file...request for modification or is that a motion in the cause?  What kind of documentation do I need to show that once I get established that the new job will make a livable wage?

I find it disgusting that NCP's who try  to do better for themselves are continually undermined by the system and embittered ex's.  If I were still in that household I would never dream of trying to go to school full time and hold down two jobs.  

I guess what really gripes me is that when I had all the children he was only ordered to pay 37 a month because he couldnt' get off his lazy but and try harder....he was satisfied with a minimum wage type job...  but when the shoe went on the other foot....because I have a brain and know how to use it to make things better for myself and ultimately my family, I am socked with CS of over 500 a month.  I don't mind providing for my girls but It isn't fair for the NCPs who are really trying to make a better life are knocked down as soon as it looks like they might get back on their feet again..

Sorry for the rant y'all.....can use pleny of advice on how to do this thing...a lawyer is out....it will be all I can do to come up with cost of court.

wish you all the best life has to offer!  :)


 

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