Community› The Bump Message Boards› Blended Families
Blended Families
New Discussion

CS modification question

JessH1474JessH1474 member
in Blended Families

My DH filed all the paperwork to have cs modified as many things have changed since the time of the last order.  BM's answer was due tomorrow, however last night DH recieved an email from an attorney she's hired.  She email stated that BM would like to try to work something out w/out the need of a court appearance and if they could come to an agreement he would draw up a consent and file it.  He attached her response to the petition, but no financial affidavit of course.  We knew the support would be lower, and the fact that she's felt the need to hire an attorney makes us think that it's even lower than what we thought originally.  Have any of you experienced this and if so, did you work with the attorney or just go to court?  CS in my state is very straight forward, so there really isn't too much to argue.

Report Reply to Post

Re: CS modification question

  • HisChamaoleGirlHisChamaoleGirl member

    CS calculations are pretty straightforward for our state as well. As a part of DH and BMs divorce CS was calculated. BM asked for a modification when DH was promoted shortly after but she was asking for the cs obligation amount plus private school fees that DH never agreed to SS attending. After spending a ton with attorneys and getting no where I finally drew up a document that DH and BM were able to agree on. BM had her attorney look it over and once he said it was fair DH and BM filed a voluntary CS agreement with their local courts. She even made a point to say that we should have done that in the first place and it would have saved years in court and thousands in fees.

    Court didn't work for us bc every month BMs attorney said "we're not ready" and a new hearing was pushed to the next month. This went on for over a year. Working with BM worked better for us.

    BFP #1 11/07/2012 EDD 07/09/2013 M/C 11/22/2012

    BFP #2 02/05/2013 EDD 09/19/2013 Arrived via c-section 09/27/2013

    Lilypie Angel and Memorial tickers

    image 

    Report Reply
  • Loading the player...
  • JessH1474JessH1474 member

    We actually offered to work with BM before filing the petition to modify, but of course she didn't want to hear any of that then.  If we could work something out w/out having to sit in a court room with BM that would be great, but as of right now she has all of DH's financial information and we have none of hers.  BM's attorney said for us to "make an offer" which of course we can't do w/out knowing her exact income.  DH emailed her attorney back and asked for her financial affidavit and we would go from there.  The whole thing just seems silly, she's paying an attorney god knows how much for something we could have done ourselves to begin with!

    Report Reply
  • SimpleJaneSimpleJane member
    If you do receive her financial paperwork and can then figure out something outside of court I would. If she refuses to send the affidavit I would move forward with court proceedings.
    Report Reply
  • CFjo2010CFjo2010 member
    SimpleJane said:
    If you do receive her financial paperwork and can then figure out something outside of court I would. If she refuses to send the affidavit I would move forward with court proceedings.
    This.

    It sounds to me that BM and her attorney already ran the numbers and BM doesn't like what the outcome will likely be in Court, so she's trying to do it this way to her benefit.  Get the affidavit from her and run the numbers.  If BM doesn't provide the necessary paperwork then go in front of a Judge.

    image

    Created by MyFitnessPal - Free Weight Loss Tools



    Report Reply
  • JessH1474JessH1474 member
    I agree, she's defintely seen something she didn't like.  We've been to court 3 times prior for modifications of support (all brought upon by her) and never once has she used an attorney.  It's just so frustrating b/c we never had the opportunity to "work something out" with her, the #'s were always the #'s and never once have we ever paid less than what the guidelines say.  All we can do is see what happens though, and if she tries to screw us over, we'll just proceed with going to court. 
    Report Reply
  • twister22twister22 member
    jobalchak said:
    SimpleJane said:
    If you do receive her financial paperwork and can then figure out something outside of court I would. If she refuses to send the affidavit I would move forward with court proceedings.
    This.

    It sounds to me that BM and her attorney already ran the numbers and BM doesn't like what the outcome will likely be in Court, so she's trying to do it this way to her benefit.  Get the affidavit from her and run the numbers.  If BM doesn't provide the necessary paperwork then go in front of a Judge.

    This. BM knows things won't go in her favor in court, so she's hoping to come to an agreement outside of court that will be more in her favor.
    image
    Report Reply
  • IlumineIlumine member
    When it comes to child support - it SEEMS (just following the posts here) that it is always better to use the state calculators and lawyers and the court and be done with it.  

    But when it comes to visitation, you can go work around the court - but still always use a lawyer. 
    file:///Users/Ilumine/Desktop/Family%20Portrait%20for%20gift.jpg
    Report Reply
  • Lavender PLavender P member
    I agree with everyone else. She is obviously tryin to hide something if all the sudden she wants to work things out but had no interest previously.
    "Being deeply loved by someone gives you strength, while loving someone deeply gives you courage." ~ Lao Tzu
    Report Reply
  • JessH1474JessH1474 member
    Well we figured out why the attorney didn't want us to have her financial information, she is making almost $1,300 more per month than what we thought!  She also has regular bonus income that he "forgot" to include in his child support calculations.  He is being a real jerk though, not wanting to account for our timesharing schedule or certain mandatory deductions DH has from his pay.   He tried to tell us that we just need to make an offer and not be concerned with her bonus income and that if he has to go to court on her behalf, DH will have to pay his fees.  This guy is something else.  I am a paralegal, so I deal with attorneys on a daily basis and therefore am not intimidated one bit, it's just funny that he is trying to rush DH into something knowing that it isn't anywhere near correct.  We did the calculations based on all of the correct information and submitted our offer to him this morning.  I'm sure BM fell out of her seat when she saw what the actual payment should be!
    Report Reply
  • 2chatter2chatter member
    So excited you have the real numbers!  That's a big change, and the bonus income conveniently being excluded is so shady.  The lawyer sounds so shady, yuck!  KUP.
    Baby Birthday Ticker Ticker
    Report Reply
  • Lavender PLavender P member
    Glad you got the real numbers! That lawyer is a piece of work. The numbers don't lie and your DH should use every calculation that he can. They are all there for a reason regardless of what that slimeball is trying to tell you. If he is threatening you with having to pay his legal bills he is obviously grasping for straws and knows it is a losing battle.
    "Being deeply loved by someone gives you strength, while loving someone deeply gives you courage." ~ Lao Tzu
    Report Reply
This discussion has been closed.
Choose Another Board
Search Boards
"
"