Judicial hearing on CS modification help needed

[dadof3plus2]

Hello everyone,

This is my first time posting but I have been reading the great advice that is posted here. Now, I am in need of some of your wisdom.

Little background: we had a cs modification hearing Nov. of last year. The hearing officer (male) found in my favor and lowered my cs by about $200 money wise but added insurance. This was fine with me, even though it would now be costing me over $1000 a month. But, the papers did not get signed by the judge before Jan 1 of this year when new changes came into effect. So, had to have a second hearing. This hearing officer (female) found in the ex wife's favor by about $200 and me still paying insurance. So, I retained an attorney and decided to fight this at the judicial level.....we are taking on the State of Missouri and not the ex wife!

We go to court on Aug. 31st.....a week from today!

My attorney has suponaed my ex and all of her financial records, her employer and employee pay records, the tax accountant and her tax records from 2001 -2003. During the second hearing the ex admitted evidence of her pay on a typed up letter....not on any letterhead.....with what is supossedly her employers signature. We are trying to prove that she is underemployed and her income should be imputed at the least.......among other things like the hearing officers (especially the female) were gender biased, there were miscalculations in figuring the amount of support, insurance (my ex has insurance available at no cost to her or the kids whereas I would have to pay almost $500 a month plus a $1500 deductable before insurance kicks in).

I....actually my wife....has been doing lots of research to come up with laws and statutes and other case laws to try to help us prove our case. I am an OTR truck driver and just don't have the availability to do all of it since I am out on the road 2 - 3 weeks at a time.

We live in Missouri. I am the sole supporter of my household since my wife is unable to work at this time.

Any hits, tricks, ideas, thoughts, or suggestions? Please feel free to ask any questions that you might need answered in order to offer advice! I have no problem paying CS to help support my 2 kids.....but I need money to live on too! I can't even afford to take my kids to the movies yet their mom takes them to see every new movie that comes out! We have no excess bills. Just a house payment, child support (current), utilities, student loan, food, and one small credit card........we can not afford to budget MORE support and insurance!

Greatly appreciate any advice that you may have to offer!

Thanks and have a great day!

dadof3plus2

[reagantrooper]

WE PAY PAY PAY PAY and We keep on paying. You or your "new" family dont need no stinking money!!


end of rant!

[tdhuffman03]

I have been doing a lot of research in regards to the child support laws in Illinios and also in Georgia.

I found a case Civil Action No. 2000 C 127--- it was great in brief I will tell you what the case was about:

CP was trying to get NCP to pay child support on three children. CP gross income per month$2647.50 and NCP gross income per month$1862. Plus the CP was taking the tax benefit every year. In the end the judge found the Georgia child support guidelines uncostiutional. And based on the findings that were presented by the Cost Shares Model that Mr. R. Mark Rogers (//www.guidelineeconomics.com) put together.

Now if we could only get the rest of the states to see that the current child support is a profit for the CP then we would be doing something.

[wendl]

Due to your wife not being able to work and if you have other children with your wife ask your atty if you can deviate from the standard due to this.

Also have it in your court order that in odd years mom claims child even years dad claims the child (if ncp is current on cs)


**These are my opinions, they are not legal advice**