Child Support Mod hearing scheduled... now I'm getting laid off

[harriet13WA]

Hi everyone - I am the NCP to an almost-17 year old son who lives in WA state. I live in WA but in another county. I am current in my cs and always have been.

Several months ago, my ex requested a review. My income is not much higher than before but my the last time support was set, my son was 12 so the support amount has went up, per all the worksheets I will pay about $140 more per month. My ex is chronically unemployed so the court imputed her income at minimum wage. The prosecuting attorney filed petition for modification and a hearing has been set for mid-September. Ex has also asked for post secondary support.

Last week, I received notice from my work that I am being laid off at the end of September, literally less than 2 weeks after the modification hearing. What I am trying to figure out is how I can avoid having to file another modification to lower the support once I am unemployed. Can I request that the court consider my income based on the amount I will receive in unemployment? Can I print out the calculated UI income and submit another child support worksheet/proposed order? Should I request the the hearing be moved? Should I contact DCS now or is that pointless?

ANY advice is appreciated. I am not expecting a permanent lowering of support, just while I am unemployed.

[MixedBag]

I would take the letter and maybe ask someone from HR at work to testify that the letter is authentic and that you will be laid off for sure in two weeks.

You can bring the original letter -- and try to enter it into evidence -- but that didn't work for me once in court (not regarding Child Support) because the person who wrote the letter had to testify that it was original and true.

OR see if the hearing can get delayed -- to after you are laid off.....Actually use the letter as a reason? 

Do you have an attorney?

AND/OR maybe you get lucky and find another job -- ask the court for a delay so that a second hearing due to your lay off won't be necessary and give you a chance to find another job and THEN set CS.

[harriet13WA]

Thank you for the response... let me clarify that the layoff "notice" I received from my work was verbal. The company is doing a total reorg and we were told we could reapply for our positions - I reapplied but am not getting rehired. Many of my other coworkers are in similar situations. I have asked for something in writing and have been ignored so far. Without anything in writing I don't know if the court would even consider a continuance. I know my ex will be against it.

I feel like I'm stuck between a rock and a hard place. Should I ask for a continuance without anything in writing or is there no point?

Also - I have represented myself pro-se in all prior hearings, as I have never been able to afford an attorney. Is this an instance where an attorney would be a huge help?

[Mom1Step2]

I wonder if you could just file something saying that particular date isnt good for you. I seem to remember when we were going through court that the papers stating when the dates & times would be said... Call this number if you need to change the time/date. You could just say it is for work reasons & you will be completely avaliable on xx date.
It's just a thought.  Good luck.

[MixedBag]

"normally" you can probably get a delay once...

File a "Motion to set a different date" and state your reason why.....even if you don't have written proof if you are really concerned.  State that in the mean time you're looking for a new job....

I think you gotta ask...

[superdad01]

Is this affecting a large number of employees. I know companies are required by law to notify the state in instances of large company layoffs etc.