Modification request

JCGreene85

So ex requested a modification in CS since he lost his job. Will the judge grant him this? How long does it take? He still is entitled to pay the regular amount that was court ordered until it's modified right? Sorry for the questions, but I want to have some answered before I respond. thanks!

JCGreene85

And he got fired, wasn't laid off. If that makes a difference. Thanks.

achase123

I think he'll have to continue paying the previous amount unless and until something changes.  I thought that CS modifications were only allowed every three years (but I could be completely wrong on this one). 

Sweetie or BGG would probably know more about this but I'm pretty sure he'll have to pay (or at least be obligated to pay) the original amount until something changes in court.

sweetie0228

This is the code for PA You should see if GA has a similar code...I bet they do.

 

(d)  Reduced or Fluctuating Income.  

  (1)  Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation.

   (2)  Involuntary Reduction of, and Fluctuations in, Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income, including but not limited to the result of illness, lay-off, termination, job elimination or some other employment situation over which the party has no control unless the trier of fact finds that such a reduction in income was willfully undertaken in an attempt to avoid or reduce the support obligation.

   (3)  Seasonal Employees. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average.

   (4)  Earning Capacity. If the trier of fact determines that a party to a support action has willfully failed to obtain or maintain appropriate employment, the trier of fact may impute to that party an income equal to the party?s earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. In order for an earning capacity to be assessed, the trier of fact must state the reasons for the assessment in writing or on the record. Generally, the trier of fact should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours, working conditions and whether a party has exerted substantial good faith efforts to find employment.

hollinor

Funny how a custodial parent losing money or work does not allow us to put our LO's on a shelf where they remain unfed and uncared for until we start making money again.

JCGreene85

awesome info! Thanks. I'll try and find GA's code online. 

julia0402

hollinor:

Funny how a custodial parent losing money or work does not allow us to put our LO's on a shelf where they remain unfed and uncared for until we start making money again.

I hope this isn't too forward but think I just fell in love with you. 

karleegirl

I'm generally just a lurker ,but I was a sp for 10 yrs. Many moons ago my ex intentionally got demoted from a supervising job to a position several steps below. It pissed our judge off royally and his child support got increased. ( I had agreed to a slightly lower amount previously trying to compromise.) I live in SC. Good luck to you.

LJF1218

hollinor:

Funny how a custodial parent losing money or work does not allow us to put our LO's on a shelf where they remain unfed and uncared for until we start making money again.

I was thinking this while I was waiting for CS (and I know my 4 months is not nearly as long as some people wait).  And that's just how it is, courts poking along, handing out extensions, and people saying, "Oh, you'll get that money back later".  Yeah, he gets to pay me back, on an interest free payment plan so that's it not too much of a hardship to take it all at once.  I guess the past few months I should have put my LO on the shelf until CS was determined.

CPA04

hollinor:

Funny how a custodial parent losing money or work does not allow us to put our LO's on a shelf where they remain unfed and uncared for until we start making money again.

THIS!  I even said this at one point to XH.  "OK, I'll just quit my job so it appears I have no money just like the story you are trying to pull and I'm sure someone else will pay LO's bills and I'll have it made too."

 

cmanmom

When my ex lost his job/got fired/quit (I still don't know, and never will probably) he stopped paying altogether.  It took about a year until they finally got him into court for contempt but nothing changed money wise what he owed.  They figured that he had the ABILITY to make that same amount, that he just wasn't.  So, that's what he owed each month and it just accrued.

Again, different situation because he didn't ask for a lower amount, but I'd take my chances on that your exH won't get the amount changed.  Although my faith in our court systems was thrown out the window back in April when exH's warrant for failure to show up for his contempt for nonpayment cs hearing EXPIRED because "they couldn't find him".  Yah, that was REAL hard for him to do.  Completely ignore everything they sent him until the problem literally went away.  Win for him.  Eff that.

I'm not bitter or anything.  LOL

hollinor

julia0402:

hollinor:

Funny how a custodial parent losing money or work does not allow us to put our LO's on a shelf where they remain unfed and uncared for until we start making money again.

I hope this isn't too forward but think I just fell in love with you. 

LMAO! 

It's nice to find others that share your same difficulties, but then on the other hand it's not nice to know there are so many LO's being shortchanged by the very person that is supposed to protect them.

achase123

karleegirl:

I'm generally just a lurker ,but I was a sp for 10 yrs. Many moons ago my ex intentionally got demoted from a supervising job to a position several steps below. It pissed our judge off royally and his child support got increased. ( I had agreed to a slightly lower amount previously trying to compromise.) I live in SC. Good luck to you.

I love stories like this.  Love it!