Please help! do I stand a chance trying to modify my CS?

[ssx]

Not sure where to start but here goes. After our divorce, my ex moved to a $1500.00 apartment. I moved to a $625.00. When we were together, we had a house payment of less than $600.00. I am a seasonal worker and will be laid off in sept. Of course, I will look for something part time but my fear lies in the fact that I will never get out of debt to this woman. As it stands now, I pay $879.00 for CS. Last month I didnt even get $800. After rent and barly paying my house hold utilities I am left sometimes with about $4 or $5 bucks. I also am responsible for the medical bills, which I been paying for since my kids were born anyways. Oh and I was also left oweing the IRS $700 that I absolutly did not have therefore I didnt even file my taxes. Now She on the other hand, brings home no less than $3000 a month after taxes. She is paid twice monthly and I am paid once a month. I cannot tell you how many times I have gone without eating dinner. Also, because of of the circumstances I am not always able to get my children. I mean if I cannot feed myself I sure cannot feed them. I love my kids so much and it kills me to not get them because of this. And of course I cant tell them that, no matter how hard I try I just cant live on $4.00 a month. Anyways back to why I posted. I recently put in for a modification of child support and I just wanted to know if anyone out there has any idea what I can expect to happen. I honestly do not expect the court to help me in any way. I also owe arrearages that started with only a month past due. However, since they are taking so much money from me to begin with, there is nothing left to contribute to paying off the 1 month of arrearages I acrude. So here is the funny part. Because they take so much already from me, That by law, my job cant give the CS people anything to take care of the past due amount, so consequently, it keeps adding up and compiling intrest to boot. Now I have no problem supporting my kids. But at this point I don't even have a bank account. There is nothing of my check left for me to even put anything into one. I also have no car. I could not pay for insurance or the up-keeps. So I ask this with no confidence left in me but .... Do I even stand a chance?   I would even settle for some false hope. lol

[joni]

you have to do something.  you have to file now to modify your support.  bring your paycheck stubs from the past year to show your seasonal pay and the fluctation.  many child support guidelines address seasonal workers.  look at the post below yours about the mod due to medical reasons and look at the answers they got, the same scenario applies to you.

by filing now, you create an event where your child support would potentially be modified retroactively to that date.  by doing nothing, all that's going to happen is an arrearage you can't afford.

you can't not to do this.  just make sure you have all of your documentation.  you will be able to do this without an attorney.

also, you have to file your taxes.  not doing so is going to cause an arrearage with the IRS that you can't afford.  The IRS will work with you if you're proactive and ask for help.  Ignore them and they will levy you and garnish you.

I was a CPA for 10 years and saw lots of clients in trouble.  As long as the clients contacted the IRS first and PROVED their hardship, the IRS worked with them.  In many for instances, forgave penalties and interest because people couldn't afford it.  but this won't happen if you sit back and do nothing.

Finally, take the time to read through the 11 pages of message threads on this board (the page links are on the bottom of the page).  You're going to read about alot of people in the same boat as you and you'll gain from the advice they got from others on this board.

[lookinnomore]

I agree, call your child support office, I have 3 kids and my x pays 315 a month cause he doesn't work.  They can only take so much and they would never expect you to live on 4 or 5 bucks a month.  The quicker you call them the quicker the payments will be lowered!

GOOD LUCK!

[ssx]

I guess I didnt mention that I have put in for a modification. And I will be going back I am just curious as to wether or not I even stand a chance . I mean its bad enough I lost the most important thing to me. (my kids and family) but heck I cant even get them stuff when they ask. I do thank you for your replies. I am just scared I will be dumpster diving for food at some point in the not so distant future.

[our4girlz]

I'm not sure what state you're in, but I will be totally honest with you.  You may not have any luck without a lawyer. My DH has tried to do the same thing for over 6 months, without any help from DCSE. We have had his children all summer & he is still required to pay BM the ungodly amount ordered.  Plus we have paid all their expenses while they were here. She didn't contribute a dime for food! And she gets half of his paycheck! DCSE blew us off, so we had to go see a lawyer (& we can't afford one either!). He informed DH that DCSE is never on your side, always the custodial parent. No matter what the income or how much you've had the kids, they will always be on her side. Comforting huh?

I firmly believe in parents (whether it be fathers or mothers) supporting their children, but I find it appalling when non-custodial parents are ordered to pay an obscene amount of money and then can't afford to live themselves. As a custodial parent, I recieve a minimal amount of CS for my daughter & that's fine with me. I understand that her father & I are BOTH responsible for providing for her. But sadly, many custodial parents think that the NCP is the one who is supposed to provide everything.

Best of luck to you & let us know how it turns out!

[ssx]

thank you. And Im from California which is pretty bad. lol
I will keep you updated with what happens