Unemployed and paying CS

[Swilliams]

I filed for a CS mod. due to a layoff and recently started to receive unemployment benefits. I already have a court date set for a few months later to hear the CS mod. request. I also started paying a generous amount of my unemployment benefits towards CS. I would rather pay more CS and not hire an attorney if possible. But the ex just hired an attorney and is going after us for everything we own and more. Now I feel I must hire an attorney but the costs of hiring an attorney will be almost as much as my unemployment benefits amount to or more. I no longer can afford to be so generous in paying as much CS as I've been paying while being unemployed.

Do judges factor in the attorney costs when setting the amount of CS a NCP must pay while waiting for a court date? If all my unemployment benefits are being used to hire an attorney, can they base my CS on the entire amount of unemployment benefits I received even though the attorney I am force to hire is ultimately getting all my income?

[ocean]

What is your ex or lawyer saying to you?
They can only get a percentage of you unemployment. In NY it is 17% of your salary/income. Find out your state percentage, figure out the child support amount using your unemployment check and only send that amount until the court date.
Make sure you ask the judge to back date it to the date your filed. If the judge orders any arrears the state can only take out 65% of your paycheck to pay it off OR you can make a deal that day that you will pay XX each month for child support and extra $25 a month in arrears. Then they will only take that amount.
They will not care if you used money for a lawyer and it really is by the numbers so if you feel comfortable, do it yourself and save that money. Bring proof that your are unemployed, and check stubs for the amount, bring a list with you of places you sent resumes, places that called you back, and newspaper ads for your field. This will show you are trying.

[Swilliams]

I think I will wait a little longer before I hire someone to ask. The reality for me is that being unemployed and collecting does not even come close to covering the bills. Being in that position is like a sinking ship going through rough seas. I'm just hoping the judge doesn't sink the ship any faster.

I have all my proof collected and should be ready for court.

Thanks!