? About decrease in income from NCP related to Child Support

[nosonew]

We are now CP after not being for many years. (I had a CS question last week about this issue)

State is Kansas.

SS turns 16 tomorrow.

Last court order for c.s. changes was adding arrears to her monthly payment 1 year ago via our attorney.

NCP has worked as a lab tech for approx 20 years. Her last years salary was 45,000+/-.

We have a case manager court ordered until SS is 18 due to numerous contempts by NCP. (Was ordered in 98?)

In June of 2005, met with case mgr and NCP regarding NCP not working. Reason stated was: "A new medication makes me sleepy and I can't work".  Refused to give CP more info even though we asked.

She was apparently off work from May 1-July 5, returned to work July 5 part time. Was notified 1.5 weeks ago she has a new job at a Kwik Shop.

*She also stated in the case mgr meeting she is unable to drive without someone with her. However I have 5 documented drop offs or pick ups when she was by herself PRIOR to this meeting, yet after the May 1 date it was initiated. (She lives 1.8 hours away).

Now case mgr (not skilled in child support law or worksheet) wants to re-calculate child support based on her current job AND MAKE IT RETROACTIVE to when NCP "got ill".

NCP has numerous rentals as other income we have never used for calculations. However, this is going to change this time.

We have no doubt she changed jobs just to decrease her child support obligation...however, I am sure it is up to us to prove it.

My questions:

1. Do we have the right to find out if she was fired or quit?

2. Do we have the right to find out for the reason of firing or quitting?

3. If "medical reasons" are given as cause, can we get more info than that? Specific information? How would HIPPA law relate here? Can we subpoena her medical info?

4. If a court order is in effect, the case mgr can't go retro regarding child support issues can she? (NCP is in arrears almost 2000.00 currently).

5. If someone works at the same job/type of job for 20+ years (she has had at least 4 positions in this capacity during this time) isn't there a law regarding child support that is something about ability or capacity based on past wages?

I sooo appreciate your time and help!!!!

Thank you.... Noso

[socrateaser]

>My questions:
>
>1. Do we have the right to find out if she was fired or quit?

Yes, you can subpoena the employer to send a person knowledgeable about the circumstances of your opponent's termination and to bring with them the employee file. Or, you can depose them before trial and just bring a transcript of the deposition and certified copies of the file into court.

>2. Do we have the right to find out for the reason of firing
>or quitting?

See above. Evidence is admissible if it is relevant. If you are trying to prove that the other parent is intentionally underemployed, and this evidence will rebut her testimony on the issue, then you can obtain it.
>
>3. If "medical reasons" are given as cause, can we get more
>info than that? Specific information? How would HIPPA law
>relate here? Can we subpoena her medical info?

HIIPA doesn't apply if you subpoena the person's medical records. If you just ask, the healthcare provider must refuse. If you subpoena, then they must produce.

>
>4. If a court order is in effect, the case mgr can't go retro
>regarding child support issues can she? (NCP is in arrears
>almost 2000.00 currently).

No retroactive modification permitted for any amount of support due and payable prior to the date of filing of the last motion to modify or order to show cause for modification of support.

>5. If someone works at the same job/type of job for 20+ years
>(she has had at least 4 positions in this capacity during this
>time) isn't there a law regarding child support that is
>something about ability or capacity based on past wages?

Earning capacity is (1) the talent ability to work, (2) the availability of work comensurate with that talent and ability, and (3) the willingness to work. Prove #1 and #2 true and #3 false, and the court must impute support based upon the payor's earning capacity, rather than their actual income.

[nosonew]

1.  Would it be okay if I print this off and give to our attorney? Is that permittable?  Pretty please? :)

2. Can we just subpoena her employee file and work records? If not...we should just deposition so we know in advance of court???

thanks...Noso

[socrateaser]

>1.  Would it be okay if I print this off and give to our
>attorney? Is that permittable?  Pretty please? :)

It's ok with me, although it may annoy your attorney.

>
>2. Can we just subpoena her employee file and work records? If
>not...we should just deposition so we know in advance of
>court???

No, you can't just subpoena the records. Major portions are likely inadmissible hearsay unless a witness from the corporation is available to testify to any statements made in the records, that are more than merely the report of a transaction taking place.

[nosonew]

He initially felt it would be difficult to prove she is underemployed... however, I can be quite persuasive. :)

I didn't show him our stuff on here.. you are right...it would have annoyed him.. I just told him I had already done "research".

He has emailed the case mgr with concerns and requested info, now we are just waiting to see what case mgr and NCP says.

He did have a great idea that we could subpoena her past medical records when she was CP and WORKING FT to ensure she didn't have any medical issues during that time as well..but was able to continue to work even with the same issue.  

No questions... just an update.. and a HUGE THANK YOU!!!!!