How does the CS modification process work
bebe11
member
BM seems to think that she is intitled to more CS. I am not real sure what factors she is putting into the equasion, but as it stands right now my H has been making LESS money from the time CS was calculated 5 years ago and BM is making more money. Yet she thinks that she would get more money if they re-calculate child support.
The only things that I can think of is that she is going to say that she has to pay her Mom for babysitting, so she would request H pays part of that. We also just bought a house and are renting out our other house, so she probably thinks we are making rental income, which we are just breaking even and can't even claim rental income because that house is underwater. The only way we were able to buy this new house, was from money that I had in savings, she obviously doesn't know my personal financial status, but come one you greedy biotch... it just pisses me off.
And if anyone thinks that my H doesn't pay her adequet CS now, he does, trust me. She gets over $1,000 more per month that BM1.
Re: How does the CS modification process work
Things vary state to state but in order to increase or decrease the amount of child support there is usually a percentage that the monthly payment would have to change by in order for it to go through.
For example, in my state, the monthly payment has to increase or decrease by 10% in order for a change to be made. This payment is made to the state and then to the custodial parent.
Child care is ordered at a percentage, in my case 50%, and it is then up to the custodial parent to provide monthly receipts and the non-custodial parent to reimburse. The state does not handle this.
Google child support statutes in your state and you ought to be able to find the amounts fairly easily. You can't stop her from filing, but if the guidelines for change aren't met it isn't going to go anywhere and there won't be anything to deal with.
You will have to complete a new income and expense form but they dont look at your expenses here. Only income and the percentage of time spent with the child. As far as rental income, if you put on the income and expense forms that you dont receive income for that then they wont count it. Hope that helps......
All of this. Although, you have to claim the rental income on the I&E. However, double check with your attorney because I believe you're allowed to claim only 1/2 the rental income because 1/2 of it is technically yours. In CA, spouse's income isn't factored in to CS, so your husband should get to claim only 1/2 the rental income.
As for the childcare expenses, have it put in the CO that you will only pay the childcare expenses directly to the childcare provider (in this case, Gma) and require an original receipt upon payment. That way you'll at least get to claim the childcare expense on your taxes. Plus, Gma may not want to have to claim any childcare income on her taxes so she may quickly backpedal on asking for payment. We had this same situation with BM. She was claiming that she was paying Gma to watch K and wanted reimbursed for 1/2 the expense. When my husband's attorney asked for receipts showing what's been paid, she couldn't produce any. Gma was ordered to testify as to the actual amount of the childcare and BM quickly dropped the whole thing.
Didn't you post awhile back that you were worried BM was going to pull this when your DH mentioned renting out the other home? Looks like you called it. Hopefully this will teach DH to keep private matters private.
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Oh yeah, I knew something like this would happen. And thanks for the tips on childcare, I am SURE if we ask for receipts and I assume grandma will need to provide us with her SSN for our tax return, that she may think twice on this.
I am positive she is seeing $$$$ because of us renting out the house, which we are really not making any money off of.
Oh, also look into if DH is required to pay any union dues or contributions to retirement for work. If they are mandatory contributions, he gets to claim them. Also, if you have paid any of the medical expenses for the child, you get credit for that as well. Also, who pays for the child's health insurance? If your DH is paying it, then he gets credit for that too. Double check with an attorney, most Family Law attorneys are great at finding little deductions. Depending on where you are in CA, I may have a few referrals for you. I've done a lot of work in San Bernardino County, Los Angeles County as well as Orange County. If you need a referal, PM me.
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They had the original child support order done by the courts in 2008, I believe and they might of factored all of the union dues and retirement into it, but I will make sure. She might have a rude awakening because H's pay is about $20,000 less that when they did the original calculation (way less overtime). And they calculated her income as making min. wage and she has a decent job now, I just don't quite understand where she is coming from with this. I really hope it bites her in the butt!
I may take you up on a referral in OC, if it comes down to that.
Thanks!
Geez, I can't see where she's coming from with this either! You guys must have done something to get her panties in a twist. (Irrationally of course, I'm not saying you did anything wrong.) With changes like that made it certainly seems like she stands to lose. Do you know if she's talked to a lawyer or is she just blowing smoke right now?
Well, she probably has a friend or knows someone who just got a hefty increase in CS. That's usually what triggers it.
The good thing about doing CS in OC is that they're usually pretty diligent about trying to get the parties to meet and confer to stipulate to an amount without going to Court. Once BM receives the printout of what the calculation is, she may be willing to just sign it and be done. When my husband had to deal with DCSS in OC a couple years ago it was about 4 months before they even stepped into a Courtroom, and another 3 months before an Order was made. During that time, his attorney was working with DCSS and attempting to work with BM to come to a resolution. The only reason it took so long is because BM was unwilling to stipulate and wouldn't cooperate with producing paperwork, and then she lost out on about $100 in front of the Judge.
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BD filed for a modification in CS because he was unemployed. I thought he was insane because the original CS order was based off of him making minimum wage, and he held a job making significantly more than that, and his unemployment payments were also significantly more than that. Well, his CS ended up being reduced because of the sh!tty things they base it off of.
So, honestly, you never know. Best of luck.
BM is up/down all the time. She is probably off her meds. She really just got irritated because my husband didn't answer her text right away.
Yesterday I checked the mail, and I received a post card from DCSS. It was just junk mail, but it said to contact them for assistance with modifications....etc. She probably got that same postcard and got her gears moving! haha!
My ex and I worked everything out on our own, so I have never been through the court process. I just hope this doesn't turn into a fight.