CS Review Hearing Update

[JVondrak76]

Here's an update on our child support review hearing.  I am so thankful that we decided to retain an attorney, we'd have gotten killed without her.  

CSRU's review stated that the guideline amount of support should be $946 per month, with my husband paying 100% of unreimbursed medical expenses, since his ex's husband carries the medical insurance and the ex has no income.  

Our attorney argued that because the ex voluntarily terminated her employment as a legal assistant, she should be imputed at the median wage for a legal assistant in this region, which is $16.02 per hour, or at the median wage for a legal secretary, which is $13.36 per hour.  We offered $790 per month in support, with the ex paying the first $500 of unreimbursed medical expenses, and each party paying a proportionate share thereafter, as the guidelines state.  The ex's attorney stated that the ex is, at best, only capable of a $7 an hour job, stating that she has no skills, etc., and that she should only be imputed at $7, which would make the support $890.00 per month.  Incidentally, CSRU is giving the ex credit for her husband carrying the medical insurance (she wanted it that way), and there are 7 people on the policy – she should only be getting credit for 2.  

The ex's attorney stated that they would accept our offer of $790.00 per month if we also agreed to let the ex home school the children!  Our attorney said no way.  The ex barely graduated from high school, she has no qualifications to teach anyone anything.  By her own admission, she is only capable of a $7 an hour job – she's not qualified to teach.  

We couldn't come to an agreement, so the hearing had to be continued until next month.  Hopefully we can get something settled then!

[Kitty C.]

At least you left them with something to think about!  And you're certain to have her income inputed, it's just not certain as to what amount.

But while you're waiting for the next hearing, do your homework on Iowa homeschooling.  Iowa law requires all home schooled children to be associated with the school district in which they live.  Also find out what the requirements are in order to teach home schoolers.  Then take that information with you to the next hearing and blow her 'plans' right out of the water.  It would be interesting to hear your atty. ask the judge how your ex believes she can home school, when (by her own admission) she supposedly doesn't have the brains to get a job that pays more than $7 an hour!  Also ask for her HS transcripts to be admitted as evidence.  Her atty. will certainly balk at it, but it bears directly to her capabilities to teach, so it should be admissable.

I would also try to give detailed information on the ex's employment history, like exactly how long it's been since she was employed as a legal assistant and how long she had been in that profession when she quit.  That will have a lot of bearing on how high they inpute her income.

Let us know what happens at the next hearing and good luck!