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some states have CS modification expedite process. can you give me tips?

Started by spinner, May 23, 2007, 07:43:08 AM

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spinner

Hi,
I never been through the expedite process for a motion to modify CS, ... beside the legal part about it , I am looking for hints as to what will happen.

do we testify?
does the magistrate wants to simply listen to nothing and "expedite" the deal with : your pay check, other paycheck and done deal, ... ???

I am assuming since it is the "expedite process" that it is a little different ,... the magistrate only rule on the child support part, ...

any hints on some of you that went through the process that can describe it (not the motion and all, all of that is done, I am looking for hearing day tips)

lucky

Spinner,

Here is our experience (dh was CP and he filed):

Yes dh and his ex did both "testify" - from their seats, not the witness box.  

Dh provided proof of his income with the filing.  His ex provided absolutely NOTHING.

The magistrate ruled on cs, health insurance and daycare reimbursement, that was it.

We were unhappy with the fact that ex got away with paying absolutely NOTHING, so dh appealed it to district court and she ended up paying cs at least.

This is only our experience, we got the impression that the magistrate was very much swayed by the fact that ex was in jail at the time and otherwise homeless and cried throughout the hearing.  He didn't appear to pay any attention to the fact that she also worked full time for ~$10/hour and was in jail due to driving after suspension and was otherwise homeless due to paying fines & court costs relating to that jail term.

Hopefully you'll get a better magistrate than dh did.

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

spinner

was that before or after the new CS calculation?

I am currious how the magistrate figures out the number of nights.

lucky

Sorry, that was before.  

We're debating on whether to try for cs for the youngest (the older two are emancipated) now that she no longer has "custody" of any of the kids.

I'm just not sure that it's worth the hell she'll put us (and SD) through for 1.5 years, you know?

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers