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I'm looking for anyone who has heard of or experienced automatic stair step increases of CS.

Short history:
DH started a business in Nov 04 while maintaining his FT IT job. He was unexpectedly laid off due to the SBC/ATT merger in May 05. He filed for a decrease immediately. He worked his business FT while looking for contract work in the IT field. Because he is self-employed, the CS proceedings are moving at a snail's pace. He paid the full amount of child support for 6 months. Once his money ran out and he started bouncing bills, he unilaterally cut back his child support to be in line with his new salary; therefore, putting himself in contempt. However, given the judge's discretion of making the new CS retroactive, DH has actually overpaid, but that won't be formally decided until we either settle or go to trial. Until then, he's technically in contempt.

DH was deposed last week by BM's lawyer and did SO WELL that BM's lawyer has instructed BM to settle because there is very little chance that a judge will maintain the high CS; if she continues to fight, her lawyer fees will eat any type of decent amount of CS she might get. Our lawyer instructed us to think of an adequate settlement as well. We are seriously considering writing in an automatic increase of CS over the next 3-4 years that will give DH the temporary relief from the full amount that he was originally ordered to pay and allow BM yearly increases of CS instead of having to wait every 3 years.

So, I'm looking far and wide for anyone who has ever done this type of automatic increase. I need something that is high enough to be acceptable for BM, yet low enough that we don't get ourselves stuck with something we can't pay if the business doesn't continue with its forward momentum.

This requires some out-of-the-box thinking, so ideas are appreciated.

Thanks.

the state is TX

I've asked this of 2 different lawyers and gotten 2 diff answers and can't find anything in the TX family code that references 2nd jobs...

NCP (me) gets a 2nd job. Doesn't tell CP. The 2nd job means a significant increase in my income.

CP retains an attorney (vs going through the AG) and files for CS mod. CP finds out about 2nd job.

Questions:

1) Can the CP request that the CS modification be effective of when the 2nd job started and NOT the original CS mod date, therefore automatically causing a significant arrearage?

2) Can the judge decide for him/herself to make the CS modification effective the date of the 2nd job, therefore automatically causing a significant arrearage?

3) is there ANY scenario where the CP can receive any type of arrearage or back payment since the NCP didn't report the 2nd job?

BM and SD live in OH, DH and SM live in TX.

I (the SM) am considering adding SD to my medical insurance since BM told us SD isn't covered when she is outside the state of OH. I composed an email, sent it to her, and BM had 1 concern that I wanted to run by you. I hope this is OK by your guidelines, I know DH is supposed to post about most issues, but since this is my medical insurance, I hope this is the proper format.

I don't know anything about how HIPPA, medical insurance and a stepparent fit together. This is BM's concern, "Without the legal standing as a parent I don't know if you can process claims or even claim her as a dependant. I don't want her claims to be denied simply because you don't have the legal authority to ask. I don't mean that as an insult, just a reality with HIPPA."

I think I can add her to my plan (still checking), I have no desire to claim her as a dependent, and I'm pretty sure I can process claims and ask about claims on her behalf since it's MY insurance. SD will see our son's pediatrician (only for sick kid appts when she's with us), DH and I would both sign the HIPPA document and the insurance card is in my name. DH is self-employed, so I carry my entire family on my medical insurance.

Question:
I can understand me not being able to call BM's insurance, but I should have full rights to anyone on MY insurance, right? Not sure how HIPPA comes into play in this situation.

Thanks!

I (NCP) live in TX. CP lives in OH. Joint legal, she has physical custody and I have the standard visitation for someone who lives 100+ miles away.

Back in Feb, I discovered that EX took our daughter to a child psychologist without telling me (the decree says she has to inform me, but not get my permission and vise versa). Just to make sure there wasn't anything strange going on (we were and still are in the middle of a court battle, first contempt charges against her, now support modification), I requested and received copies of our daughter's file from her school, her pediatrician, and her psychologist.

Her dentist is another matter. I have mailed two consent forms and called weekly for at least two months. They have told me twice the file is in the mail but of course it wasn't. My EX begged for me not to make a scene with the dentist, and I'm trying to remain civil. I even asked EX to call the dentist, which she says she did and said I should have no problem getting the file, but obviously I am.

I called today and didn't identify myself and asked if they have to abide by HIPPA. They said yes. HIPPA says a provider has 30 days to comply or they risk being reported. It's been almost 90 days.

The latest status is that they won't mail the records until I talk to the dentist, but of course, every time I call he's either not in or busy with a patient. Every time, they tell me he will call me back, but of course, he never has.

My lawyer is currently neck deep in preparing for mediation next Friday, so I was hoping you had a draft of a letter somewhere that I can send them (after mediation is over, don't need to rock the boat beforehand) that will strike the fear of God into them (or at least the fear of the LAW) so I can finally get my daughter's dental records.  

Thanks!

I live in TX, ex lives in OH with my 7 yr old daughter. Child support is managed through TX. We have joint legal, she has primary physical. I see my daughter on school breaks and summer. I am re-married and have a 1 yr son.

In Nov 2004, I opened my own business while still maintaining my FT job. Jan 05, my wife gave birth to our son. In May 05, I got laid off from my FT job (SBC/ATT merger) and continued to work my business. I immediately filed for lower CS due to the lay-off, decreased paycheck, and additional child. My CPA put together very detailed financial statements for each quarter of 2005. They were completed a few weeks ago and are in the process of getting submitted to the court and to the other attorney.

My ex believes I am hiding money and classifying personal expenses as business expenses. She also thinks I'm purposely underemployed. In TX, it was my understanding that expenses aren't considered in CS calculation. CS is only a calculation of the net income of the NCP. As for being underemployed, I started this business before I got laid off. I didn't start a business from scratch when I got laid off just to evade child support.

I am being deposed by opposing counsel on March 23rd. My lawyer and I are kinda curious as to why since they didn't submit questions, request any additional financial information (they already have quite a bit), so we're thinking I'm going to be questioned about my legitimate business expenses and how they might be twisted into personal expenses.

Questions:

1) Is there anyway to find out what they are fishing for before the deposition?

2) If you were opposing counsel going after a self-employed person, what areas would YOU attack? I thinking this might help me prepare for what might be in store for me.

3) I think the major business expense in question is the company truck I drive. If the IRS says it's a business deduction, then how can it be classified differently for purposes of child support?

4) Are there other items we should be aware of that can be classified as legitimate IRS deductions but not so for CS calculations?