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Author Topic: can someone shed some lignt on CS mod hearing in expedite process?  (Read 2937 times)

spinner

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Hi,
I never been through the expedite process for a motion to modify CS, ... beside the legal part about it , I am looking for hints as to what will happen.

do we testify?
does the magistrate wants to simply listen to nothing and "expedite" the deal with : your pay check, other paycheck and done deal, ... ???

I am assuming since it is the "expedite process" that it is a little different ,... the magistrate only rule on the child support part, ...

any hints on some of you that went through the process that can describe it (not the motion and all, all of that is done, I am looking for hearing day tips)

thanks


lucky

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RE: can someone shed some lignt on CS mod hearing in expedite process?
« Reply #1 on: May 23, 2007, 12:25:06 PM »
Spinner,

Here is our experience (dh was CP and he filed):

Yes dh and his ex did both "testify" - from their seats, not the witness box.  

Dh provided proof of his income with the filing.  His ex provided absolutely NOTHING.

The magistrate ruled on cs, health insurance and daycare reimbursement, that was it.

We were unhappy with the fact that ex got away with paying absolutely NOTHING, so dh appealed it to district court and she ended up paying cs at least.

This is only our experience, we got the impression that the magistrate was very much swayed by the fact that ex was in jail at the time and otherwise homeless and cried throughout the hearing.  He didn't appear to pay any attention to the fact that she also worked full time for ~$10/hour and was in jail due to driving after suspension and was otherwise homeless due to paying fines & court costs relating to that jail term.

Hopefully you'll get a better magistrate than dh did.

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

spinner

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RE: can someone shed some lignt on CS mod hearing in expedite process?
« Reply #2 on: May 23, 2007, 02:10:45 PM »
hi Lucky,
wanted to ask you too.
When I filed the motion and my ex replied through the expedited process, the CS services sent a note to both of us stating the reported income that the "deed" had on file.

my ex is wrong (the deed claims she makes only 250$ a month) and she admit making more like 2000 in her affidavit but then mine is wrong as well on the deed but overstated (says I make more than I am actually making)

did you receive this notice from the CS office stating the amount from the deed and were they accurate?
does the magistrate will go with them or will rather go with the pay stub we both provided ?

lucky

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RE: can someone shed some lignt on CS mod hearing in expedite process?
« Reply #3 on: May 23, 2007, 05:02:08 PM »
We did receive a notice from cs, but like I said, his ex never produced ANYTHING and never responded.  I would think they'd go with the pay stubs, but it might just depend upon the magistrate.

If he asks questions, I would definitely bring up that the deed is overstating yours and understating hers and offer the proof again.  It can't hurt.  And, if it comes back that they took only the deed values, you can always appeal it.  

In our case, appealing the ruling only meant completing more documents, there was no hearing on it and we got the option of appealing to the magistrate OR the district court judge.  We chose the judge due to the bias shown by the magistrate.

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

 

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