CS, public assistance and a live in SO...

[SM_in_FL]

Hi, Soc!
Have some questions about all of the above referenced stuff. Here's some background: BM filed for CS through social services when she asked for public assistance back in 97 (medicaid, foodstamps, etc.). From what I understand, in my limited understanding, it seems that AFDC is representing her in this. Just recently, she requested public assistance again and hubby received a letter from the social worker asking about how much he pays in CS and if his daughter had insurance. This letter was filled out and returned. Hubby is up to date in his payments, actually has like a 1k credit with CS. BM is apparently unemployed or self employed and has a live in boyfriend. Oh yeah and hubby and bm are currently disputing custody of their daughter in court (with a GAL and the whole nine).....Now for my questions:

1) Since she's requesting assistance again, even if we're providing insurance and support, in your opinion, do you think he'll end up in CS court again because of the state representing her? I know you're not psychic, or if you are it's under wraps, just asking based on your experience....

2) Does the fact that they are disputing custody have any bearing in the CS court? Like can hubby request a continuance or something pending final disposition of the custody matter?

3) Now, if they do end up in CS court, how can he prove that she's self employed, or that her boyfriend is supporting her? Does his income even matter?

4) Since it's summer (i'm staying with the kids because babysitting is way too expensive), hubby is the only one working and is therefore supporting 4 kids as well as me, would that help him at all in the event that they choose to raise the support amount?

Thank you millions, Soc!!!
SM

[socrateaser]

>1) Since she's requesting assistance again, even if we're
>providing insurance and support, in your opinion, do you think
>he'll end up in CS court again because of the state
>representing her? I know you're not psychic, or if you are
>it's under wraps, just asking based on your experience....

If the state thinks that you can pay more, because your income has increased substantially, then you will be in court again.


>2) Does the fact that they are disputing custody have any
>bearing in the CS court? Like can hubby request a continuance
>or something pending final disposition of the custody matter?

You can request a continuance, and it's likely to be granted, but remember, from the instant that the CS action is filed, you can be ordered to pay retroactive support based on the new calculations, so if you don't get a substantial improvement in custody, you could be looking at a pretty big arrears bill, depending on how your financial circumstances have changed since the last modification.

>
>3) Now, if they do end up in CS court, how can he prove that
>she's self employed, or that her boyfriend is supporting her?
>Does his income even matter?

If she is intentionally under-employed, then her income can be imputed, and one of the ways to do this is to use the amount of money that she is living off of, i.e., her boyfriend's income (if they're cohabitating), to impute her income.

Realistically, everyone can make minimum wage, so no support order is calculated based on a lower amount, unless the person shows a extreme hardship.

>
>4) Since it's summer (i'm staying with the kids because
>babysitting is way too expensive), hubby is the only one
>working and is therefore supporting 4 kids as well as me,
>would that help him at all in the event that they choose to
>raise the support amount?

Nope. Not a bit.

[SM_in_FL]

Thanks, Soc, for your response! But I have a couple of questions:

1) I really don't get the arrears thing. Isn't it from the date the upward modification is filed? Like if hubby has been paying based on $6 an hour since 97 and in August of '04 the state files an action for more CS because they realise he is now earning $9, aren't the arrears from August '04??

2) He has a 1k credit with CSE, if he's in arrears, won't they use that credit to bring down those arrears, or can he bring the credit to the court's attention?

3) What is considered a "substantial increase" with regards to finances and CS?

Thanks again, Soc!
SM

[socrateaser]

>1) I really don't get the arrears thing. Isn't it from the
>date the upward modification is filed? Like if hubby has been
>paying based on $6 an hour since 97 and in August of '04 the
>state files an action for more CS because they realise he is
>now earning $9, aren't the arrears from August '04??

You are correct. It's from the date of filing of the motion to modify.

>
>2) He has a 1k credit with CSE, if he's in arrears, won't they
>use that credit to bring down those arrears, or can he bring
>the credit to the court's attention?

Of course. He's entitled to the credit for overpayment.

>
>3) What is considered a "substantial increase" with regards to
>finances and CS?

It's different in every jurisdiction, and I don't know FL guidelines. However, if you earn more than $50 a month more than you did at the time of the last order, then that would probably be all that is required.

[SM_in_FL]

Hi, again........last one just trying to clear it completely in my mind.

Ok, so if the arrears comes in as of the date that the modification is filed, then when do the arrears come in? I mean, is it that it begins to accrue from the date the mod is filed to the date of the hearing? Is that it?

Thanks, Soc!
SM

[socrateaser]

>Ok, so if the arrears comes in as of the date that the
>modification is filed, then when do the arrears come in? I
>mean, is it that it begins to accrue from the date the mod is
>filed to the date of the hearing? Is that it?

From the date of filing of the motion to modify, until entry of the new support order -- and continuing, if the support obligor does not make the new payments.

Now, it is also legally possible that support may be modified downward and thus the modification can be retroactively made against the support obligee (custodial parent). But, I'll bet you know how often this is ordered?  Right...never!

[SM_in_FL]

Truly honestly THE LAST questions :D

1) So, basically, there's no way around the arrearages if the state decides to file for an upward modification?

2) How would one find out where bm's live in boyfriend works and how much he makes? I mean can he be subpeonaed (or however you spell that) or is there some other way to get this information?
 
Thank you!
SM

[socrateaser]

>Truly honestly THE LAST questions

I don't believe you.

>
>1) So, basically, there's no way around the arrearages if the
>state decides to file for an upward modification?

Nope.

>
>2) How would one find out where bm's live in boyfriend works
>and how much he makes? I mean can he be subpeonaed (or however
>you spell that) or is there some other way to get this
>information?

Subpoena Duces Tecum for a deposition or trial is the way to do it. You can offer to waive his appearance at the deposition in return for his giving you the required info in a sworn affidavit.

But, if you're gonna use that information in something other than a motion, then you will need to subpoena the boyfriend to appear and be available for examination.

[SM_in_FL]

:D