child support order appeal/ Any advice?

[tjraid18]

 I have a child support appeal hearing scheduled for May 16th and have not even prepared for it yet. My child support case is really convoluted so i'll try to keep to the basics. What I'm appealing is the amount of the new child support order.($726.00) They are basing this amount on me making $13.68 an hour-- which I dont and havent since Oct. 2003. I'm getting unemployment $200.00 per week after child support so my child support amount should go down some, right? I was not able to get any unemployment for 3 1/2 months and had no income. Can I have any arrears backdated to reflect my past 6 month income history? Also, the old order was one that was modified to $495.00 a month from $863.00 per month. I was paying $100.00 towards arrears so my amount was $600.00. BUT!!!! What happened was the ex was lying about her child care expenses so I was paying $300.00 a month more than I was supposed to be for 3 years. This caused me to build up back child support. When I finally got a lawyer to help me with child support/divorce, the reduction was only back dated to the time we filed for modification. My lawyer (excellent guy) was in the process of naming my ex and the Dept. of Injustice in a lawsuit to pressure my ex into signing off the arrears, but I ran out of funds. Can I do anything about this in this coming appeal hearing? What else should I be focusing on for this hearing? I'm doing it solo any other advice would be greatly appreciated as the outcome will affect me and my kids a great deal!!! Thank you. tjraid18----- Oh yeah, This is in Oregon.

[wendl]

Not sure about Oregon but this is what my dh did in WA.
He was laid off and was on unemployment, he could not get a job due to the industry he was in, when he went to modify his cs, he based it on his unemployment showed proof of how much he was receiving, then did the calculations, his cs was reduced by 150 a month.

They usually do not back date orders or arrears it usually goes to the date the judge/commissioner signed so you may be out of luck in that area.

Also with daycare, I would try to get daycare records showing what that cost is, my dh used to pay daycare as well (WORK RELATED ONLY) and he paid a % of the daycare based on his % of cs obligation (he paid 74% of daycare costs)

Hope this helps a little, make sure you have all your info for the judge/commissoner hearing your case, I know in WA you must file your financial info for the hearing but as I say not very familar with OR laws.

[tjraid18]

 hey thanx wendl. the advice is helpful. i'm surprised to see a lady offrering helpful advice to a guy considering the situation. I think thats reallly cool. I'll try to get the daycare records but it was a long time ago and I'd probably have to subpeona the info. (costs??$$$$!!!) At least i should be able to get it lowered anyway. Thats better than doing nothing. Thanx again , tjraid18

[wendl]

anytime,
I am a cp mother as well as a stepmother,  my dh is a ncp parent.
My ex doesn't pay cs nor see his child (his choice) now my dh on the other hand has never been in arrears even while waiting for unemployment, he does everything in his power legally to see his children and be ative in their lives.
I see both sides and it sucks how the system works.

good luck let me know how it goes.
wendl

[MYSONSDAD]

I have been taken to court twice in the last year to increase CS. I brought in all my unemployment stubs and three years of tax returns.

My ex sends nothing for my Parenting time, so I keep track of all expenses I have in regard to caring for my son.

Parenting time.net has included a new feature, it calculates the support for you, pretty sweet.


"Children learn what they live"

[oklahoma]

I just want to say "Good luck."  Oregon CSE sucks!!! (at least for the NCP.)  We have been through the modification process twice and both times were shocked at the amounts set and the reasons behind the amount.  Just be ready for battle :)

Let us know how it goes.  My husband is considering an appeal of sorts.  He is a full-time student and CSE based his CS amount on an imputed full-time wage PLUS his financial aid.  We have talked to a few attorneys who were aghast, but we couldn't afford any of them.  We would love to modify CS retro to when he began school....

[tjraid18]

  Thaks to everyone for the advice and encouragement. Helps a lot!!! I'll let you know how it goes.