Bio-Mom want's to change Parenting Plan...

[Danae]

Hi all! Been a long time since I was here. A very long time!

Long story short, Hubby has a parenting Plan in Washington State. Bio-mom wants to modify it to force us to meet her 10 miles closer to her as we moved 20 miles closer to the meeting point. Anyone have any idea if the State will even give her a hearing? It is my understanding that you have to have justifiable cause to get a modification. To me this isn't a good reason at all to take up the court's time. I don't believe that the State thinks it is either. Either way she is a fool. We have two more kids now than we did when the plan was signed. If she takes us to court, we will file to modify support as Hubby now supports 3 kids. Stupid on her part, but then again, she ain't the sharpest tool in the shed.

Any info you all may have would be greatly appreciated!!!

Thanks all!
Danae

[wendl]

My case is in WA too, they will probably leave it how it is as it isn't a substantial (sp) change in circumstance.


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

[janM]

It's my understanding that not all states will modify because ncp has more kids to support.

I hope they will in your state.

[Danae]

Thanks for your response!

In looking at the rules and form demands, I have to agree with you. Bio-freak is merely hoping that Hubby will just sign the paperwork for a voluntary change (which we would have done had she not been such a demanding, obnoxious, cruel and vindictive about it, we just don't play that game anymore), or that he would just ignore the summons for a Hearing to determine cause for change. oops, slight mis-calculation there I think! lol. That is one good reason to get us up to King county. We live in St. Helens, so she will likely have to serve us by mail as we will have SD for the summer here in about 3 weeks. That will give us 90 days to respond to it. I am not too worried about it.
SD has been talking about moving down here with us, so we may be hiring a lawyer to handle that for us as well as the CS aspects. Say, when the NCP goes to pay CS, it is determined by the total number of kids he is supporting right? Altogether he has three. Now if custody changes, how does THAT affect CS? Does Bio-mom have to pay the 1 child rate as she only supports ONE child??? That seems logical to me..... Any input you have there would be greatly appreciated!

Thanks again Wendl!!!!

[Danae]

Thanks for responding!

Yea, they do consider that just cause to get a hearing. Heck it is almost automatic when you file for anything in Washington State. You pretty near HAVE to re-file all the CS worksheets stuff and they WILL re-calculate it in the process. Wa, is more than just a little bit greedy and uses ANY pretext to get inside your wallet again!

I wonder, if we end up with custody of SD will they re-calculate CS based on the fact that hubby has three kids or that the new NCP, Bio-mommy-dearest, has only the one. That would put her CS payments a LOT hagher than what we would be required to pay with three.... Hmmnnn. Me smells LEVERAGE.

[4honor]

In WA state (We are in Pierce and DH's case is in Whatcom):

additional children not of the marriage (which created the CS order) are NOT necessarily a reason to modify. If your CS is paid through WSSR (WA State Support Registry) you can ask for a review through the WSSR... and they will pay the court fee to file for a modification if it looks like one can be had.

Check RCW 26.09 there are specific reasons to modify support. It can be done every 2 years without a significant change in circumstances.

Modification is done like this when one parent has other children not of the marriage:

1) They figure out what each parent's NET income is - don't forget that any tax refunds are added back into the annual salary and the annual salary is divided by 12.

2) The amounts are added and placed on line 4.

3) you check the tables and enter the amount obligated for BOTH parents on line 5 then figure the % on line 6.

4) Figure the $$ for the child  based on your DH's %.


4) Next, you figure the amount for 3 children (make sure you use the right age range) and repeat instruction 3 & 4 with a figure for each child.)
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For example:

NCP makes $3000 a month  ($2500 after taxes & deductions)
CP makes $2000 a month ($1500 after taxes and dedutctions)
NCP has 3 children - 1 with CP and 2 with current spouse
CP has only the 1 child with NCP

Combined income is $4000 a month. (62.5% NCP/37.5% CP)
1 Child obligation is $609 if 0-11 yrs old ($380.62 NCP/$228.38 CP)
3 children are $395 each if 0-11 yrs

The deviation would be the % the NCP is responsible for of the 1 child less the 3 child formula OR $609 -$395 = $214 X 62.5%= $133.75 reduction.

Obligation was $380.62 - $133.75 = $246.87 base CS. Then Child care costs and credits and medical costs/credits are added in. (as SM, I carried insurance which covered SS and the portion I paid for SS was also added as a credit for DH on his CS order.)
****************************************
PLEASE NOTE, the judge does NOT have to give you a deviation from guideline, so don't count on it.  (We got one, because our 2 little ones have visions problems that are significant enough to make them test at a developmentally delayed state... or they did at the time of the last order.)

 The only one they give a reduction/deviation from guidelines to is the payor/obligor, so if you gained custody and she has no other children, then unless there is some other significant factor, she will pay guidelines.

Also, if she is not working they will impute at the worksheet instruction amount for her age -- or if she is unskilled, they will impute at 40 hrs/wk X minimum wage. BUT YOU MUST ASK for it.

Lastly, if your judge is constipated that morning, don't count on him/her being just or fair.

[Danae]

Thanks 4Honor! Glad to see you are still here!!!

Interesting. I didn't know that they just subtracted the additional children from the amount like that. Bizarre to say the least. Seems easier to just go with the amount for three children than to do it that way, but then again, when does the state EVER do things the easiest or simpliest way.

Given your formula and if SD stays with her mother our CS will go down by about 130.00 if the % proportions don't change. Kinda a whack for the old girl, not that she has much choice. If we challenge it, and we would, CS WILL get refigured automatically. Needless to say, she is pissed.

Moral of that story, ask nice instead of being a PBFH, and making demands whilst insulting everyone. Oops. Gues this punching bag as some harder stuff in it than she thought!

Thanks again 4Honor!!!

Hope things are all good in your neck of the woods!!!

Danae

[wendl]

Well if you need an attorney in WA King County let me know, I will get the # of the one my sister in law used.

WA Sucks, and they don't go after non paying parents much, I should know my ex owes my son $20k in arrears, his daughter (younger than my son) $10k in arrears and yet another younger son $5k in arrears.  He hasn't paid his support to any of his kids since March cuz I got a whopping $30.

PS If the kids are in daycare OR if you pay medical get that credit in the CS worksheets.

[Danae]

That's too bad.

My hubby has always paid CS. More than required by the original Order for quite a while for that matter. It wasn't until Bio-mom got completely out of hand and blackmailing him every 30 minutes with his kid, that we forced the issue and went to court for the Parenting Plan.

It has been a savior. We send support to WSSR so it is all registered and recorded so she can't constantly claim not to have gotten support when she had (Cancled checks with her signature on them kinda fixed that but you get the drift. It was never ending) Now we have the Plan and she can't change it to suit her every whim. After all the misery that she has shoveled on all of us, why on earth should we do anything to make her life easier? And by a whopping 10 mile difference in drop off points!!! LOL  It is a wasted effort. Rewarding bad behavior only gets ya more bad behavior in the end. That Plan has been a savior, every time she gets out of line, we have that to support us.

There is no way she is going to get any part of it changed. She doesn't have cause enough to get past the Show Cause to Change Plan Hearing. We will move to dismiss based on the frivolity of the issue, and as part of that, both parties HAVE to fill out new CS documents and CS WILL get re-adjusted. AUTOMATICALLY as I understand it.  The Karma of the situation is a thing of beauty I am telling ya. :7

I am almost betting that she doesn't do a damn thing about it. It WILL cost her about 130 a month in CS and THAT is one thing that that greedy woman WON'T ever do. She makes upwards of 55K a year.

My SD has been talking about moving here with us. If that ends up being her decision, we will start the process while she is here in the summer. We were thinking of Raj Bains in King County. At any rate, the should be an interesting summer. I have a feeling that I will be posting a lot more often!

Danae