Child support modification

[rey]

Socrateaser, long-time reader, first-time poster. Thank you in advance for any help you are able to offer.

All parties reside in (and order is in) WA. NCP pays through CSE. Order was last officially modified in 1998. NCP was in military 1998-Jan. 2005. Order was unofficially modified in 2003; CP and NCP agreed on higher amount due to NCP's increased income. Agreed amount was ~ $200 less than guideline but was NCP's income-proortionate share of what CP estimated the child-related expenses to be. Agreement had NCP paying court-ordered amount through CSE and the rest to CP directly, with the understanding that it would revert to court ordered amount only for a period of time upon NCP separating from army.

NCP discharged from army this past January; CS reverted to court ordered amount only in February.  He returned to WA with his wife in March. NCP intends to be full time student (he already has a BA). NCP is currently not working (he reports he and his wife are living off savings). CP & NCP are discussing CS (e.g. fair amount, etc.). I hope to negotiate an amount that is 1/2 of (CP-estimated) child related expenses. This amount would be guideline if NCP were making $33k (NCP's base bay in army was $48K+).

If we can't agree, I intend to pursue a modification through the courts.

1. How likely would it be (how standard is it) for income to be imputed if a (NC-) parent is un-/under-employed? (Conversely, how likely is it for a judge to impute his income at $0?)

2. Would the imputation be based on NCP's previous income, state's median for his age/education, or...? (I ask this because I expect a judge would view his army income as extraordinary and not duplicable in civilian life)

3. What are the pros/cons of pursuing a modification through CSE vs. pro se?

4. How long could I reasonably expect a modification to take (through CSE? pro se?)?

Thanks,

Rey

[socrateaser]

>1. How likely would it be (how standard is it) for income to
>be imputed if a (NC-) parent is un-/under-employed?

If the custodial parent proves that your earning capacity (elements: ability to work, availability of work, unwillingness to work) is greater than your actual earnings, then income will be imputed -- otherwise not.

>(Conversely, how likely is it for a judge to impute his income
>at $0?)

Zero. Everyone is presumed to be able to earn minimum wage for 40 hours per week.

>
>2. Would the imputation be based on NCP's previous income,
>state's median for his age/education, or...? (I ask this
>because I expect a judge would view his army income as
>extraordinary and not duplicable in civilian life).

If you file your motion on grounds that your actual income is less than military, and your ex doesn't argue earning capacity, then you will win, otherwise you will be imputed based on your earning capacity, or minimum wage -- whichever is greater.

>3. What are the pros/cons of pursuing a modification through
>CSE vs. pro se?

As a noncustodial parent, CSE will drag its feet unmercifully in order to delay any downward mod. The money's in raising support, not lowering it.

>4. How long could I reasonably expect a modification to take
>(through CSE? pro se?)?

Pro se mod in 60-90 days (wild guess). CSE could be never -- it really depends on the County and the nature of the social workers in the field office.

[rey]

Thanks for the info...I am the CP and am trying to adjust CS up, not down.

1. Could I expect CSE to move with any kind of alacrity re. an upward mod?

2. What (if any) ability will I have to plead my case if I pursue a mod through CSE?

3. How (if I went pro se) would I argue/show the NCP'searning capacity to be equivalent to his army income? (This last may seem an obvious question--i.e. if that was what he was earning, that's his earning capacity--but I'm leery of judicial military sympathy such that they disregard his earning capacity [happened to me in 1998 inasmuch as they disregarded all in-kind (BAH, BAS) income].)

[socrateaser]

>Thanks for the info...I am the CP and am trying to adjust CS
>up, not down.

Oh. LOL! Sorry. Just shows how unbiased my advise is. I wouldn't change a word, now that I understand the positions of the parties.

>
>1. Could I expect CSE to move with any kind of alacrity re. an
>upward mod?

Not really, unless you tell them your child is starving to death.

>
>2. What (if any) ability will I have to plead my case if I
>pursue a mod through CSE?

You are a witness in a CSE action, not a party, so you can't plead your case at all. You can file a declaration stating your position, but CSE will not deal with difficult corner case issues. They will attempt to impose guideline support on the most obvious income of the obligor and that will be it.

>
>3. How (if I went pro se) would I argue/show the NCP'searning
>capacity to be equivalent to his army income? (This last may
>seem an obvious question--i.e. if that was what he was
>earning, that's his earning capacity--but I'm leery of
>judicial military sympathy such that they disregard his
>earning capacity [happened to me in 1998 inasmuch as they
>disregarded all in-kind (BAH, BAS) income].)

If the judge wants to avoid the law, there's little you can do about it. Earning capacity with a parent who has had income from military sources, is harder to prove. You would probably need a vocational expert to evaluatate NCP's job skills and match it to available work in his locale. If you try to do this on your own, you will need to take what obligor did in the military, and extrapolate this into civilian life. If all he did was march and shoot, then maybe he could find work as a security guard, which would pay more than minimum wage. But, it's up to you to make a case that such work is available.

Hard for me to analyze this in the abstract -- I don't know the nature of obligor's skills and training.