Quick CS question

[Ref]

The form DH has to fill out to modify CS asks "This change is in the best interest of the children because..." How do I answer? My inclination is to say "So that kid will not have to see dad go to jail" or "So dad can afford to keep seeing kid".

The reasons for modification are
1. Dh lost his job yesterday
2. BM just got her Masters and is finally employed (for now)
3. Visitation Travel expenses have increased due to airline ticket increase. (Sd lives 1400 miles away)

Thanks SOC - You are my hero

Ref

[socrateaser]

>The reasons for modification are
>1. Dh lost his job yesterday

You don't need any other reason, but you can raise the other issues, if they're relevant in your jurisdiction, i.e., if the CP's income is used to calculate support, than her employment is relevant, otherwise it's not.

Similarly, if you prove that travel expenses have increased, there's some justification for ordering the other parent to bear some of the burden.

What you can't do is act in some sarcastic or cynical manner, because the judge will treat you with respect only as long as you treat the judge with respect. You must make it all about your kids. If you lost your job, you need to show how you're looking for employment, but that in the meantime, your support obligation should be reduced to zero.

Then if the judge orders you to pay a small amount, it's better than what you were stuck with before.

Just don't get cocky, or you'll get slammed.


>2. BM just got her Masters and is finally employed (for now)

See above.

>3. Visitation Travel expenses have increased due to airline
>ticket increase. (Sd lives 1400 miles away)

See above.

[Ref]

Regarding the sarcastic answers I proposed for the question of "Why is this in the best interest of the child", I wouldn't ever have put that in writing. What I did put, in so many words is that "in order to maintain a home for SD, in order to ensure regular payment of support, and in order to maintain the visitation schedule ordered by the court, the support should be lowered.

Now for the quickie...

Dh can't pay his old amount. From what I understand, support obligations are modified retroactively to the date of filing.  If he files for modification before the first, can he pay the high end of what might be caclulated instead of his old amount for this month's CS?

Thanks again!

[socrateaser]

>Regarding the sarcastic answers I proposed for the question
>of "Why is this in the best interest of the child", I wouldn't
>ever have put that in writing. What I did put, in so many
>words is that "in order to maintain a home for SD, in order to
>ensure regular payment of support, and in order to maintain
>the visitation schedule ordered by the court, the support
>should be lowered.
>
>Now for the quickie...
>
>Dh can't pay his old amount. From what I understand, support
>obligations are modified retroactively to the date of filing.
>If he files for modification before the first, can he pay the
>high end of what might be caclulated instead of his old amount
>for this month's CS?

If the paying parent loses his/her job due to reasons beyond their control, then they want retroactive modification, because it will be unavoidably downward while seeking new employment.

But, the paying parent shouldn't file until after he/she has earned the last paycheck, i.e., it doesn't matter whether one has received the paycheck -- what matters is that one no longer has any prospective work with that employer. Child support is prospective -- the court can't generally order support paid from wages already earned -- support comes from wages reasonably likely to be earned in the future.