Decrease payment of CS

[Ref]

DH is filing for decrease in CS due to being laid off. He can not afford CS at the level it is now. Can he pay the amount that he calculated that he would get after the CS modification is settled? He was going to pay a little over, just in case. Will he get credit for that after the case or could it cause a problem with showing an ability to pay the higher amount? BM will be pro se and so will Dh.

Thanks
Ref

[socrateaser]

>DH is filing for decrease in CS due to being laid off. He can
>not afford CS at the level it is now. Can he pay the amount
>that he calculated that he would get after the CS modification
>is settled? He was going to pay a little over, just in case.
>Will he get credit for that after the case or could it cause a
>problem with showing an ability to pay the higher amount? BM
>will be pro se and so will Dh.

You must observe Mandatory Forum Guideline rev 1.2 #10, or I will no longer respond in the future.

You should not change the amount of your payments, until the court OKs it. If you cannot make the payments, and you have no savings or borrowing power, then you cannot be held in contempt for not paying, because inability to pay is a defense to contempt. However, until you file for the mod, you will accrue arrears against your old support obligation that cannot, under federal law, be waived by the court.

You must file for the support mod immediately[/u][/b], if you have not done so -- this gives the court authority to retroactively modify support downward to the date of filing.

If you have no savings and no borrowing power, and payment of support will cause you irreparable harm, such as because your home mortage will go into default because you can't pay, or because you cannot pay your taxes, then you should go to the courthouse and ask for an emergency ex-parte hearing on grounds of irreparable harm. More than likely the court will immediately lower your support obligation to what would be applicable to a 40 hour, minimum wage job, and perhaps, the court will set support temporarily at $0.

[Ref]

I am filing today fo the modification. You stated that I would have to pay the higher amount until the court OKs it.  BM has a tendency to draw these things out as long as possible.

1. What constitutes the court OKing it? The order has to be signed by the judge?

2. If I get a job prior to the hearing, is the retroactive CS adjusted to my unemployment amount or my new job amount?

3. If I decide only to pay what it will be calculated at, what are the likely repercussions for being partially behind for a couple of months?

Thanks for everything, I really appreciate all of your help

Ref

[socrateaser]

>1. What constitutes the court OKing it? The order has to be
>signed by the judge?

Yes -- signed order -- but it can be a temporary order, which is why I would go to court and ask for immediate relief, as you're involuntarily unemployed.

>
>2. If I get a job prior to the hearing, is the retroactive CS
>adjusted to my unemployment amount or my new job amount?

If you ask for emergency relief, then you may get an immediate downward mod, pending a final hearing. If not, then a "fair" judge would adjust the final order to accomodate the fact that you were laid off for some period of time during the pendency of the action. In other words, you won't be penalized for finding employment quickly.

>3. If I decide only to pay what it will be calculated at, what
>are the likely repercussions for being partially behind for a
>couple of months?

Two months of arrears will be the result, and you are in contempt if you could have paid, from savings or borrowing power. If you couldn't have paid, then you can't be held in contempt, but it's up to you to prove that you couldn't have paid the higher amount. Once again, if you ask for emergency relief, the court will adjust your order downward now, and this will not be an issue.

[Ref]

DH is filing for decrease in CS due to being laid off. He can not afford CS at the level it is now. Can he pay the amount that he calculated that he would get after the CS modification is settled? He was going to pay a little over, just in case. Will he get credit for that after the case or could it cause a problem with showing an ability to pay the higher amount? BM will be pro se and so will Dh.

Thanks
Ref

[socrateaser]

>DH is filing for decrease in CS due to being laid off. He can
>not afford CS at the level it is now. Can he pay the amount
>that he calculated that he would get after the CS modification
>is settled? He was going to pay a little over, just in case.
>Will he get credit for that after the case or could it cause a
>problem with showing an ability to pay the higher amount? BM
>will be pro se and so will Dh.

You must observe Mandatory Forum Guideline rev 1.2 #10, or I will no longer respond in the future.

You should not change the amount of your payments, until the court OKs it. If you cannot make the payments, and you have no savings or borrowing power, then you cannot be held in contempt for not paying, because inability to pay is a defense to contempt. However, until you file for the mod, you will accrue arrears against your old support obligation that cannot, under federal law, be waived by the court.

You must file for the support mod immediately[/u][/b], if you have not done so -- this gives the court authority to retroactively modify support downward to the date of filing.

If you have no savings and no borrowing power, and payment of support will cause you irreparable harm, such as because your home mortage will go into default because you can't pay, or because you cannot pay your taxes, then you should go to the courthouse and ask for an emergency ex-parte hearing on grounds of irreparable harm. More than likely the court will immediately lower your support obligation to what would be applicable to a 40 hour, minimum wage job, and perhaps, the court will set support temporarily at $0.

[Ref]

I am filing today fo the modification. You stated that I would have to pay the higher amount until the court OKs it.  BM has a tendency to draw these things out as long as possible.

1. What constitutes the court OKing it? The order has to be signed by the judge?

2. If I get a job prior to the hearing, is the retroactive CS adjusted to my unemployment amount or my new job amount?

3. If I decide only to pay what it will be calculated at, what are the likely repercussions for being partially behind for a couple of months?

Thanks for everything, I really appreciate all of your help

Ref

[socrateaser]

>1. What constitutes the court OKing it? The order has to be
>signed by the judge?

Yes -- signed order -- but it can be a temporary order, which is why I would go to court and ask for immediate relief, as you're involuntarily unemployed.

>
>2. If I get a job prior to the hearing, is the retroactive CS
>adjusted to my unemployment amount or my new job amount?

If you ask for emergency relief, then you may get an immediate downward mod, pending a final hearing. If not, then a "fair" judge would adjust the final order to accomodate the fact that you were laid off for some period of time during the pendency of the action. In other words, you won't be penalized for finding employment quickly.

>3. If I decide only to pay what it will be calculated at, what
>are the likely repercussions for being partially behind for a
>couple of months?

Two months of arrears will be the result, and you are in contempt if you could have paid, from savings or borrowing power. If you couldn't have paid, then you can't be held in contempt, but it's up to you to prove that you couldn't have paid the higher amount. Once again, if you ask for emergency relief, the court will adjust your order downward now, and this will not be an issue.