Modification of Child Support

[pickupsticks]

Does anyone know the answers to the following questions?

1) If my ex is filing for modification of child support because I received a promotion last year and my salary increased (I am in a 20% of gross state) , will I be required to pay the increase from the time she filed until the time of the hearing? I was told that I would not get the paperwork for the next couple of months and she filed in August.

2) Will I need to pay her lawyer fees for this because I am wrong for not automatically giving her the extra money. How does that work? (Keep in mind that I pay all of new travel expenses not discussed in our court order because she chose to move 12 hours away etc) So really I have been paying more than my 20% . I also have been paying all of medical insurance because she failed to follow the court order and keep the child on her insurance and pay half of all expenses. I have had to pay it all over the past year because she refused.

Just curious. Thanks

[jilly]

The modification would be retroactive to the date of filing. So, not only will you be hit for an increase you will automatically be in arrears and the Court will add an additional amount to be applied towards arrears. I'm not sure what State you're in but from what I've seen here in NC even though X amount of dollars is supposed to go towards arrears ANY money that comes in is first applied to the current amount owed and anything left over after that is applied towards arrears.
Just curious...if it was filed in August why haven't you been served with notice of the modification with court date?
I wouldn't think you'd have to pay for her attorney fees but that depends on your State.  I've never heard of having to pay the other party's attorney fees when a modification of child support is done.
From your post it sounds as though you haven't had the hearing yet.  If you have documentation of the amount you have paid for travel expenses and the amount you have been paying for medical insurance then they may give you credit for that.
If your ex was court ordered to carry your child on her insurance and pay half of all expenses and she has not followed the court order then you can and should file contempt charges against her.
Good luck!

[pickupsticks]

I called child support in Georgia to ask if they could help me with the amount that she would not pay for insurance as well as the summer custody money she was court ordered to pay me while I had my child for 8 consecutive weeks and they said your ex filed in August for modification and that I should be receiving it any day now. (That was three weeks ago). I guess I need to start saving some more. I have filed for contempt on insurance and past due child support. No court date as of yet. Will they charge her a fine for the contempt? She denies myallegations of contempt but does not explain why in her response to my contempt.

[KAT]

Have you requested a modification that she be responsible for 100% of the travel expenses? How about the income tax deduction every year? Do you live in GA is that why it is being  heard there?...but I guess since she's answered you've already agreed to that jurisdiction (if there was a change in one.)
In addition, don't let the judge put you in arrears. It needs to be listed as retroactive support & he/she will probably give you a few months to pay. Make sure you stand up for yourself because the arrears will go on your credit rating just like any other unpaid bill.
Charge HER with contempt..yeah, good luck...she's the MOM.  The amount she owes you will probably be deducted from your retro support if ordered. She'll just be ordered not to do it again with no consequences at all.
KAT

[pickupsticks]

So KAT you are saying that I should file my own modification of child support before I recieve these documents that I have been waiting on for far too long. I knew I probably would owe more in child support after my promotion but she also took a job making 10,000 less because she has a new infant (single mom) and she is currently not getting any support from his Dad. Understandably I would not want to "offer"more money to her knowing that it would go to a baby that wasn't mine. If I file for modification at the same time do you think that they would place me in arrears or even retroactive back to the August date?

[KAT]

You can file your response/modification request to her request for mo' money so that all issues can be heard at the same time. I don't know how much your raise is, but unless it was substantial, she could actually come out with LESS. I'll keep my fingers crossed. Lets us know how it goes. And make sure that her income is imputed to what it was at one time, not what she is making today..that's just a bunch of crap. If the court allows this I'd go off & become a struggling artist, see how she likes the amount of support she gets then!
I answered the other question above.
KAT

[pickupsticks]

Thanks for your wisdom KAT. There's nothing I should bring up about a new baby needing support with no support coming in? I thought that the mother should contribute to each child the same as the father. Obviously most of her extra money is going to her newborn and not to our child. I'm just not sure if that should be even brought up or am I really stretching it. I simply know that a newborn costs a lot of money and I know she wants more from me to help her out because she doesn't have the real father's support.  I know. I need to get over it. Thank you so much for letting me vent!

[KAT]

..hey listen, I hear what you are saying but it's likely the judge will just say "Big deal, that doesn't mean you have to support your child any less". But you know what? One never can tell so you might as well lay it all out on the table, what do you have to lose? Nuttin' right? HOWEVER,  the judge has to go by guidelines if not they HAVE TO put in writting why they haven't. They hate appeals so that is why I doubt this is going to help you. The judge won't lower it because it would seem stupid to do because you *think* the money is going to the other child...(like everyone doesn't KNOW it is, it just could never be proven).
Personally I don't understand why the courts just don't make it simple & award child custody to the parent who can best afford to care for them...oh, that's right, it would mean more Dads would have custody. Dad's who work their butts off, stay at jobs, obtain promotions & raises.....*sigh*
I find myself getting more & more like Regantrooper...just PAY IT.
Is this an income share state? It might even be to your benefit that she isn't working up to her potential right now. Have you worked it up? Mr. KAT screwed himself out of 30 a month by insisting bio be imputed at min. wage. Yeah, at 37 that's all she could make with her criminal record. If it was zippo he would have actually saved...but I didn't know that then. DAH.
KAT

[annas mom]

Jilly.....
 Just my experience, but I'm in NC and my modifications have never been retroactive to filing date. It usually takes about 2 months to get a court date and mine have always been effective beginning the month that we actually appear in court. Must depend on what judge you get and what kind of mood he's in that day. I guess to be on the safe side though it's probably a good idea to go ahead and put some money aside, just in case.

[jilly]

Anna,
I don't know how you managed that one because DH's attorney (and the Clerk's office) has always said that the modification is retroactive to the date of filing.  DH's modification was filed in May and hearing was set for June. DH's attorney had it continued because he was going to be on vacation. Next hearing was set for July. BM had to reschedule and hearing was set for August.  CS was increased to $560/month pluse $25 towards arrears.
We're in Rowan County. What county are you in?

[annas mom]

I'm currently in Rockingham County and was previously in Guilford County, same thing both places. In each case, the modification was always effective as of the month that we went to court.

[jilly]

Now that is VERY interesting because the CSO that was modified is in ROCKINGHAM COUNTY.  Don't take this personally but from what I saw of Wentworth that place is the armpit of NC.  DH has a CSO in that county as well as in Rowan County.