Unemployment/CS

[RMP]

Hi,

My ex has been unemployed since Sept 2006.  He was informed in July 2006 that this was coming.  We have 50/50 custody and our incomes were around he-70%, me-30% in the CS calculation.  

He received severence pay until November 2006.  He immediately filed for a CS modification in November through his attorney, stating his new unemployment income, with no documentation to support that or his wife's insurance expenses for our 3 children.  I am pro se.  

I asked for several things in our negotiation, such as proof of his numbers, for me to pay CS to him through the Family Support Registry, for my income to be corrected, and for my husband's dental insurance on the children to be considered.  These requests weren't responded to and his attorney filed a motion and hearing request the same day she mailed me the stipluation.

Now we are set to go to mediation as agreed to in our decree, at least 30 days before the hearing in March.  

He has applied to the state trooper cadet program and is awaiting a response as to whether he goes to the camp in July.  Otherwise, he doesn't seem motivated to find regular employment.  He has admitted to working odd jobs for friends to supplement his income.  Occasionally this interferes with his helping me take our daughter to school on the days I work, but I find family to help out instead of paying for daycare.

He has admitted that unemployment made an error and do not consider him eligible for benefits until January, versus November when he filed.  They consider when his severence ran out in November to be the date he was unemployed, instead of the actual layoff date of September.  He has paid me CS for the months of November and December.  

Before I go to mediation, I wanted to know my rights:

1.  Will I have to pay retroactive CS to him for Nov and December even though he did not receive unemployment benefits until January?

2.  What would the mediator/court consider his income for Nov and Dec--his former wages?  

3.  If we go to hearing, is it worth it to mention he has been employed, at least part time, though friends?  I don't know if he is paid under the table.

[socrateaser]

>1.  Will I have to pay retroactive CS to him for Nov and
>December even though he did not receive unemployment benefits
>until January?

If you get to court, the judge must use actual income or minimum wage, whichever is greater, or earning capacity, if one of the parties proves that he is capable of earning greater than minimum wage in the current job market and community.

>
>2.  What would the mediator/court consider his income for Nov
>and Dec--his former wages?  

See above.

>
>3.  If we go to hearing, is it worth it to mention he has been
>employed, at least part time, though friends?  I don't know if
>he is paid under the table.

Mention? This isn't judge judy. Either you can prove he's working for case or you can't. If he admits it, then whatever he admits is the amount he makes. If he doesn't, then you need to prove his income. Otherwise, see #1 above.