Child Support Modification

[jeffb161]

Hi, I will endevor to create a brief history of my perdicament. My father and I own a small printing industry, which has trived since 1919. Now with desktop publishing and the internet we find ourselves barely hanging on. This trend is pervasive in the printing business. We have gone from 6 employees down to just my dad, a part time pressman, and I. My salary in 2002 was 110k, in 2003 87k, this year in line for 40k. I have a company suv, that I now use for deliveries only (since we had to let our delivery man go). We use my wifes car for home use.
In March, I requested an investigation to lower my support payments. I pay $725 for my son who is 16. I also pay 2/3 of my daughter's college expense, full medical insurance for both children, and have a life insurance policy in my kids name. The Maryland Child Support Enforcement group took 4 months to get back to me, saying that I did not completely fit their prerequisits for modification. I called them and they said they were so swamped with requests that they could only handle the most extreme cases. They suggested that I filed directly with the court. I got the necessary paperwork from the district court, and filed and had my ex served. Today about a month later, I recieved a thick packet from a lawyer representing my ex. Basically it denies my allegations in the petition, and further wants costs assessed to me" for such and further relief as the nature of cause may require." What does this mean? Her gross income per month is 3827.61 They are requesting a boat load of documents. 5 years of corporate and personal tax returns, mortage documents, retirement accounts, net worth statement, ect.
My son graduates high school in june of 2005. In my divorce agreement it states that child support ends when the first of these situations happen (child graduates high school or turns 19, child becomes emancipated, child dies) The way I read it the support would end at graduation in June. His 18th birthday is in Nov of 2005. How would you interpret this?
It seems to me rediculous to hire an attorney for  such a short time of child support left. But my income is so low. What should I do?

[Peanutsdad]

What it means is you better hire an attorney versed in child support mods,, and you better do it now.


Unless I miss my guess, they cannot ask for corporate records,, only your personal tax.financial records. But you really need to consult an attorney. Your case is complex enough that I doubt you'll find solid advise on any mesage board.

[LizaLou1]

I also recommend an attorney.  The trick here is that her attorney will ask for all sort of things that are not necessary just to overwhelm and confuse you.  He will also lie to you and try to divert and prolong the process to her benefit.

Your attorney can insulate you from her attorney's crap and help you only answer what is necessary.

Best of Luck

Lizalou

[jeffb161]

I am thinking of consulting an attorney. I talked to my ex, asking her why she hired an attorney when such a small amount of money was being debated. She "tearfully" said that out of fear that she would lose her home, she took the advice of the county provided legal service (they do not represent clients only give free legal advice). She then went to a lawyer, handed her a $1500 retainer. I reminded her that I asked her in April if we could come  to a compromise reduction. She told me that she could not afford any reduction. With 14 months of CS remaining, I would think that going from $725 per month to lets say $600 would be reasonable. Notice that she gave an attorney that amount on retainer, with much more legal expenses to come if we go to court. I used our states CS calculator and figured I should pay around $430 per month. Even if I figure in my company car (parked at my home, driven to work during the week and used for deliveries, pickups and sales calls. Not used on weekends or evenings for personal use) the figure comes to $500 per month. If she agrees do you think I should compromise at $600 per month or take it to court?
Thanks for all the advice.
Jeff

[olanna]

I feel your pain.  It took two years to get mine through in SC.  If you can afford to hire a lawyer, maybe you should.  I am thinking a lawyer is most likely going to run between $1500 and $2000 for the reduction.

Do you have any idea what the reduced support would be? Has your income decreased more than 20%? Has the order ever been modified? If it has, when was it modified?

[LizaLou1]

You could ask Socrates here at SPARC, he is an attorney.  What do your papers say about college?  If you give in now, she may just come after you again to pay for that just when you think its over.

While I think parents have some obligations to pay for college (if the kid is college material), I don't believed they should be railroaded into it, if their finances do not now allow.  Kids also need to be responsible for college.

Lizalou