about CS modification....

[shawneetears]

Dear Soc,
Hope you can help:

1. State NC

2.  Last CS order 6/2002

3. I understand that (per NC guidelines) if last CS order was less than 3 yrs you are required to show significant change in circumstance which would mean a change in 15% or moreof CS obligation. If greater than three years, significant change is assumed.

4. I am currently going to college full time. This began in the fall 2004 semester. I'm in a curriculum/degreed program which will improve my skills and hence my income in my current field.

5.  I left one of two part time positions in January.  This was for several reasons none of which had to do with CS.  One being that I had been having to do 36 hour shifts which was interferring with both school work and health. I had been with this employer since 2000. The other position I have been with since 1997.

6.   I still maintain the second position which allows me a significant amount of flexability; however, I have been unable to maintain greater than 24 hours weekly on a regular basis. It varies, sometimes 8 sometimes 40...avg is 16-32.

7.  I am to begin a new (second) job which will also allow me significant flexability as I complete my studies.  And not require so many hours at once.  However; this will be a commission type position and will entail at least a couple weeks training which is unpaid...  it will be a contract position which will be the equivelant of being self employed.

8.  I don't know if it is significant or not but the children in question are 14 and 17.  As of this moment CS is current.

9.  Questions:  How do I go about asking for a reduction?  I need specifics.  An attorney is out of the question; I'll be doing well to get the money for the filing fees.  Intelligence I have; funds I do not.

10.  Given the above; is it likely a judge would look favorably on a modification now or should I try to stick it out until the oldest child ages out in November (bear in mind, as things stand now I will likely get behind within the next couple months - don't want to but you can only squeeze so much blood from a turnip)

11.  Would it be better to ask for a temporary reduction, with a review in 3-6 months or a general modification.  Based on 2004 taxes it appears that it would reduce support by $75 (which is just barely over the 15%).  Unfortunately, unless things move rapidly with second job it may be a three or four months before I am solvent again.

As I said, an attorney is out of the question.  I do NOT want to ask DSS (yes he made this a DSS case in 2002) and open that can of worms unneccessarily and the clerk of courts will offer no more than filing procedures; nothing on how it should be worded or what needs to be included.  I cannot seem to find alocal (NC) source for specifics on how to go about this.... lots if you are trying to get support but nothing for the NCP beyond "pay or go to jail". I would appreciate any help you can provide.

Sorry so long.


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

[socrateaser]

>9.  Questions:  How do I go about asking for a reduction?  I
>need specifics.  An attorney is out of the question; I'll be
>doing well to get the money for the filing fees.  Intelligence
>I have; funds I do not.

I don't know NC civil procedure, so I can't give you the specifics. Basically, you file a motion to modify, go to a hearing and present your case.

>
>10.  Given the above; is it likely a judge would look
>favorably on a modification now or should I try to stick it
>out until the oldest child ages out in November (bear in mind,
>as things stand now I will likely get behind within the next
>couple months - don't want to but you can only squeeze so much
>blood from a turnip)

If you can show that your new situation will result in a higher support order, then you may get a temporary downward mod. Otherwise, the court will tell you that paying support is your primary duty, and the fact that you voluntarily reduce your workload to attend school does not alter your responsibility.

And, you won't get the downward mod.

I would probably just go into court and tell the judge that you lost one of your jobs and you haven't been able to replace the hours, so your actual income is $X, and then leave it to the other parent to prove that you have additional earning capacity.

I know that the school gambit seems more reasonable, but you're giving the other parent a rationale to argue that the only reason you're not able to pay is because you want to go to school. That's a bad strategy.

[jilly]

Go to: //www.nccourts.org/Forms

There you will find the following forms:

AOC-CV-752 - Motion Cover Sheet
AOC-CV-753 - Court Action Cover Sheet
AOC-CV-600 - Motion and Notice of Hearing for Modification of Child
                      Support Order
AOC-CV-615 - Consent Agreement and Order to Modify Child Support
                      Order

There is another form - AOC-CV-640 - Cover Sheet for Child Support Cases (Non-IV only) but I'm not sure that you would need to complete this form along with the others.  That may be a question the Clerk can answer for you.

These forms are pretty self-explanatory on how to fill them out. My DH was laid off in October 2001.  Even though his income decreased he tried to pay his CS at the ordered amount out of his unemployment checks. You don't have to be a rocket scientist to figure out he wasn't very successful at that! His ex decided to push the issue of the arrears by having her attorney send my DH a nasty-gram.  It was at that point he decided to file for a Modification.  She was singing a different tune when she realized that he would most likey get the downward modification due to the decrease in his income.  He was successful in getting a downward modifcation based on what he was receiving in unemployment benefits and he's still paying that amount today even though he's been gainfully employed for the past 3 years.  Don't know why his ex hasn't gone back for a modification but I'm sure it's only a matter of time.  His case isn't a DSS case so that may make a difference as well.  Anyway...I said all that to let you know that they may consider your loss of the 2nd job as a significant change in circumstance.  However, as we both know, there are no guarantees when it comes to the law so I guess it depends on whether you feel lucky.

Hope this information helps you.  Good luck!