Child Support Modification Questionairre... HELP!!! please :)

[IceMountain]

I have received the paperwork to modify my current support order.  (Iowa).  My income has decreased by about $5-$6/hour since last review.  I had to change jobs and move to another state due to a year-long lay-off from my employer.

I have several questions regarding the paperwork I need to fill out:

1- They ask how much my rent/mortgage, utilities, cable and phone expenses are.  As I stated above, I moved to another state.  My wife and I are currently living with family members and do not pay for any of these expenses.  However, we will be moving in a few months and will incur the costs at that time.  So, how do I answer this question?  Can I give what we reasonably expect to pay for an apartment when we move?

2- They ask for information on my assets including vehicles.  I own two vehicles.  One is licensed in my dad's name.  (put it that way during divorce).  However, the loan is in my name and I insure the vehicle in my name.  The other vehicle is in both mine and my wife's names, I am listed first on the title.  Do I list both vehicles under assets??

3- I am currently in the process of paying off my credit card debts.  They are all past due and I am working on settlements with the credit card companies.  Under Installment Payments how do I list a monthly payment for these credit cards?  I will make one lump sum on one and 3 monthly payments on the other and then they will be closed.

4- I am currently working overtime with my job.  I have to include the last 3 paystubs or the most current with YTD info on it.  Obviously, the OT pay really increases my paycheck.  I'm earning about an extra $600 a month in OT right now.  How do I approach this?  The OT will only last through this month.  Would a letter from my employer be appropriate?

5- Right now, without overtime, I only bring home about $670 a month after child support.  With the OT, I bring home about $1200.  I am currently not paying for health insurance because it is a benefit still available through my past employer.  Starting May 1 I will be paying for insurance again to the tune of over $500/month for family coverage.  As you can see... there goes my 40-hour week paycheck.  The papers say that only my son's share of the insurance can be used for a deduction.  The original divorce order stated that I would keep the insurance as long as it was obtainable through my employer at the current rates or another reasonable plan was accessible at a reasonable cost.  At that point my ex and I were supposed to split the cost 50/50.  The child support order that was put into effect 2 years ago states I am responsible for 95% of medical costs.  Which order stands??  I'm assuming the child support order overrides the divorce order.  

6- Just out of curiosity, why do they ask for information on assets, debts, spousal income, living expenses, etc. ?  What do they use the information for if income is used in determining support???

7- The paperwork also says that the financial statements I'm filling out 'may be filed with the court and may become public record.'  Who exactly is able to view these documents???  My ex?  Lawyers?  Any yahoo off the street?

I'm sorry for such a long post, but I'm really in need of some assistance from some more experienced people.

[Peanutsdad]

As far as assets,, anything your name is signed to,, is an asset.


I personally would NOT ask for a mod at this time. Your income is grossly inflated and WILL be used in determining your cs,, your debts are grossly understated by you not having to pay rent/mortgage.

jmho

[Kitty C.]

IM,

Iowa CANNOT use overtime to calculate CS unless it's mandatory.  We've been thru this a few times with PBFH.  Our atty. told us that they cannot enslave you to overtime, because unless it's mandatory, it is too variable.

Iowa asks for the info on living expenses because they also take that into consideration.  If they can see that your expenses are reasonable (not artificially inflated), they have to make sure that you also have enough to live on.  As for spousal income, leave it blank.  They cannot use your wife's income in figuring anything.

As for your current living arrangement, I'd give an estimate on what you think it will be, since you're in a fluid situation at the moment.  And most court documents are considered public record, unless specifically designated by the judge.  But if someone wanted to see it, they'd have to make a personal request to the clerk of court and a valid reason why they wanted to see it.  You don't need to worry about it being posted somewhere for everyone to see.

Did you get my e-mail yesterday?

[Kitty C.]

You need to TOTALLY disregard what 'FU' said on DD.  He has a hard-on for me, but knows NOTHING about Iowa CS laws.  Like I said, they CANNOT use your overtime against you, unless it's mandatory.

And if you haven't gotten an atty. yet, you better be doing it soon.  They can help you with a lot of this, too.

[Peanutsdad]

Whoa!,, where did THAT come from Kitty?

Iowa is lucky,, Texas uses ALL income, regardless whether its ot or not.

[Kitty C.]

Which part, PD??  The part about OT or 'FU'???  LMAO!

I've been conversing with IM privately about some of this, since he's in my neck of the woods, but I just realized that, tho he might understand what I'm saying, it probably sounds pretty weird to everyone else, LOL!

On the OT, it is law in Iowa.  PBFH tried to push the issue a few years back, when DH's OT was being cut with the co. he used to work for.  But he also had had mandatory OT with them prior to this.  We went to an atty. and she told us to tell the PBFH to go piss up a rope!  She said that they cannot make you a slave to it, since it's such a variable.  They can only touch mandatory OT.

As for the 'FU':

If you go to //www.dadsdivorce.com and go to their discussion board, you will find a group of very ferrel fathers, whom FIRMLY believe that any woman that comes to that site, even if it's to help their husband, is only an ex-gash out to bust the balls of some father.  'Fed Up' (I like to call him FU!) has a serious hard-on for me and will attack any posts I make there, regardless of content.  Have yet to figure out what he's even there for in the first place, as he's never mentioned his own situation.....he just seems to use the forum as a place where he can either bitch or put down others.....straight from junior high..........

For the most part, I only go there for the entertainment value......

[fathers 4 justice]

Its not worth the effort. The court will tell you to pay it still even though it is Less. I can Guarantee they will tell you since you lost $5.00 $6.00 and hour to still pay the current order, even though you are making less. They also will tell you to get a part time job to keep up the payments and try to live to your standards. Simple rule to remember about the courts (THEY DON'T CARE ABOUT YOUR SOB STORIES) But do get some knowledge about how the system works first without getting Burnt! I tried to have my child support order modified for a decrease due to a lung disease, copd, empysemia. My current salary before retiring and applying for social security disability was $51,000. Upon retiring my income went down to $32,000. I went to court 5 times and lost! I still have to pay $974.00 a month and still it is based on my old regular income if I were working. PLUS, being on social security disability my chidren were given $420.00 a month. No ex-wife recieves $1814.00 a month from $32,000.00? Somethings wrong, right? So if you look at going thru all the BS in the courts and thinking it is easy to have your support order modified to a lower amount its a big WASTE of time! I know the system and its not for the Good of the Dad! Stay out of the Courts if you can do so!

[IceMountain]

I have the paperwork filled out and I'm waiting until after Friday's payday to send it out.  My overtime on this check will be less than the past several pay checks so I want to submit the lowest that I can.

Maybe I'm naive, but I thought this was handled through the Child Support Recovery Unit.  Do all cases go to court????  

Not only am I making less money, but I will also have to start paying for health care (a benefit my old employer paid for).  I am required to have my son on my insurance and to add him will cost me an extra $225 a month.  

Part-time job.... here I come!

Thanks for your advice, and I feel for you man!  $1814 a month is insane!

[Kitty C.]

IM,

CSRU is just the vehicle for collecting the support, they CANNOT do so without a CO, which you must obtain first.  Believe me, I tried!

Iowa passed it a few years ago that any new CS orders go thru CSRU, not the county.  But you have to get the order first before they can enforce it.  Once they take over, it can be modified thru/by them.

Many years ago, I tried to get them to help me get CS from DS's dad.  They would NOT help me until I had a CO and since it wasn't in their system, I had to do it on my own.  If I would have gotten one, then they could have assisted me in any modifications, including getting an atty.

[IceMountain]

CSRU has the CS order in their system already.  It has been there for several years.  It was modified two years ago through CSRU, that is when it was raised by the ex.

I have the form filled out now.  I talked to my lawyer and answered everything honestly and added information on my current living situation and what I could estimate my living costs to be starting in a couple months.  

With the lower wage and the fact that my son's insurance will cost an additional $225 to my expenses, I am confident that it will be modified.  

I'm still p'd off that when the ex modified the order two years ago there was absolutely no paper work sent to me.  I did not have any opportunity to list my debts and living expenses.  CSRU is so biased against NCP.  I hate dealing with them.  They are so rude and hateful every time I call them.

But, actually, my wage was $5-$6 /hour higher than what CSRU had for me at that time, so maybe I should be happy they didn't include me in the last modification.  :)

IM