How do we go about ........

[KimK]

Modifying the current child support order?

History of my question ;

Judge said he does not want to see us in the court room again

Mediator can not mediate a new CS order

BM is unrealistic and WILL NEVER agree to anotehr order (court noted this in last order)

No attorney - no money to hire a new one - last one withdrew and moved out of state with pending court hearing

Title IV agency states they work only for the custodial parent and can only REVIEW for the NCP, but the NCP has to hire private counsel, but if custodial parent asks for a modification from them they can do it.  FYI last time Title IV sent letter to hire private counsel the court chastised us for spending the money on an attorney to modify the order!

We are still paying for child day care but mom has not sent the child to day care since May 2004, and child is now 14

Mom is court ordered to carry and provide dad with insurance information but we found out that she has not insured the child for 4 years, yet we still contribute to the overall cost of insurance.  

Ideas welcome and appreciated.

Thanks!

[4honor]

If it is garnished, there is a modification/re-evaluation clause in most CSE guidelines. Look it up online for your state/county and request a modification through them.

If it is not through CSE you need to look at the whole thing  and run the numbers to see if a change in your income will make up for the daycare that is no longer being used. It may not be worth changing the order. And paying for an atty to change an order that will go away in 4 years may not make any financial sense, since it cannot be back dated.

[KimK]

Thanks for the info but here's the catch - yes there are state laws that allow for you to ask for a review of your CS order, that is through the Title IV - prosecutors office, the ones that told us to seek provate counsel and that ones that state they only work for the Cusotdial parent and that they can only look over the review and SUGGEST that a modification is necessary, and that in order for us to change it we have to seek private counsel, but if the BM wants a change - she can use either them or her attorney.

BM has already been found in contempt for failing to provide the true day care expenditures to the court upon a request for production, as the true paid amount was 605 less than reported on previous financial records for the court.  Yes this makes a difference and with the medical - if sheis not paying then why should we - it would make a 35% decrease in the CS order.

As for only 4 more years, I believe that our state is 21, unless the child emanicaptes before then for some reason.

Thanks for your reply tho, I will reread and see if I missed anything.