Hello group,
I have been divorced for 6 years now, and finally got child support going for the third time. Now he has filed for a modification with Child Support Recovery.. I am pretty sure i make more money than he does.. Will this affect the decision.. Should i get an attorney?? We have four children together ages 5 - 13 years. He has recently got married, with one minor child still in the residence. Please Someone tell me what to expect. I am really panicked about this...

I don't think your income has anything to do with it, whether or not you make more money than he does. I THINK what "modification with Child Support Recovery" is regarding the amount he's paying towards the arrears? If not, he may be asking to reduce his child support payments. I can't imagine it being too much of a difference.

Hi there, I am pretty sure that he is asking for a reduction in the amount of child support because his income, now, isn't the same as when we were divorced. In plainer words, he is making much less now. He has even told me that because he is paying support he can not afford a place to live! Does that tell you what type of mentality i am dealing with??? LOL

Hartrose, no doubt he is asking for a lowered support amount. Not real sure about your state, but some won't even make a change unless it would mean at least a 25% change in the amount. Also depending on why he is making less money may also have an affect on the hearing. Many states will look at "potential" income instead of actual. If he WAS making more money, and therefore has the potential to make that kind of money, they may not reduce it anyway but instead tell him to get a different job if it's a problem for him to keep up his payments. Hard to say, the judge is the one that will decide it.
My opinion is you may at least want to talk to a Family Law attorney in your area who will have a better idea of previous cases in your locale. I'm assuming he isn't hiring an attorney, or that won't look good for him either. Money to hire an attorney but can't pay current support would be a dumb move. So you probably won't need an attorney in court either. Mostly it's a formula taking into affect both incomes, custody percentage for a support amount. And again, there's a chance they may just go by his "potential" income from before depending on the circumstances.

True enough. I agree with Don. The courts are starting to recognize some of these loopholes. If he has the ability to make far more money than he currrently is, then they won't change his order. You will just have to prove it to the courts. They may just advise him to look for a better job.

My sister went through something similar. She's getting a few hundred dollars more than the guidelines table suggested merely because her X is capable of making much more money then he is.

He could've filed a hardship cause, but it's hard to convince a magistrate of that.

Dear Don,
This is all new to me.. but I spoke with an attorney today who told me to fill out the paperwork, and send it back in. From what i am reading, the Office of CHild Support recovery will collect paperwork from both the ex and myself, and will evaluate it, make a recommendation and then give to the judge. All which will be done without either one of us present. This i don't like to be candidly honest with you. There is just so much that you can put down on paper. I have another consult with a 2nd attorney on Saturday. This is the absolute last thing that i need!!!!!!!!!!!! I have been up since four am because i woke up and thought that they are going to take my child support away from me. I am going to be in a rubber room yet! LOL. Thank you so MUCH for your kindness and help. You really don't understand much it does mean to me. Take care. chin up! Rose

Hi Rose,
Yeah, that is pretty much the system at work, what you are describing. Most of it's normal as I am aware of it, income/expense paperwork filled out by both sides and really they only look at the income portion, any other biological children being supported, and percentage of time in custody with either parent. What surprises me though as well is the mention of no modification hearing where both are present, that's the normal I'm used. Still keep in mind that it's a rare day for child support obligations to be lowered. If he's making less money due to becoming disabled or something is one thing, but if it's just his choice to be working a lesser paying job he shouldn't have much luck with his request.
I would call the Child Support office directly, and ask them about the case. They should actually be able to give you the best idea of what to expect with this. Ask to speak to the case worker for your case.
Hang in there and keep us posted.

Dear Don,
I appreciate your help and positive nature, I do feel like it will be reduced but it is better to prepare than to be unprepared. I will keep ya advised of how things turn out. Thanks so very much. Love the pic.. How is the weather out there in California??? Take care. ROse aka Louise

How's that go? Expect the best, prepare for the worst.
Glad to help, and definitely curious as to the outcome if nothing else to compare states.
Just now starting to dry out a little here, thank goodness some sunshine all this week after WAY too much rain.

Can you tell me how to prove it? I have the taxes with his w-2's from when we were married..
Also, i turned in the modification for the reduction on Friday. It was well over 60 pages. Now i have to wait and see what will happen. My county CSE will review it, and then transfer it to the county that he resides in.. I will be allowed to attend the court session but it will be in a new court system in the county where he lives,, I am afraid that there may be some political pull as he lives and works for his Mother in law.. Any suggestions???? Thanks!

Suggestion, if you can be in court than do it, if for nothing else so that at least you will know exactly what is taking place. I imagine they already have the figures from his previous income W2s from when they previously assigned support. It'll be up to him to give proof of anything, proof of why it's no longer possible for him to continue making the same money he previously made. "Because this is my current job" is not a reason, it's a choice, and he can't just choose to make less and pay less.

Hey hartrose,
I too would be interested in finding out how this turns out.
I'll be honest I think you are letting this get to you a little to much. You know these judges are use to people trying to get out of child support and having it lowered and so on.
If the other child in his house is not his there will be no effect on support and honestly one normally won't change it anyway even if it was his.
Many years ago things were quite tight and my husband filed for a temporary hard ship with his ex and was refused 2 times and we had 3 of our own kids in the house at the time. This is not an easy thing for your ex to do.
Like Don said if you can make it to court I would to. Let the judge see you and who's life he is effecting. I really don't think he is going to get what he wants. I don't understand sending it to his county. Here we have to file in the county in which the divorce and first judgements took place.
Take a few deep breaths and one day at a time.
I will say some prayers for you.

Hey Don and Too many to count.. Let's see,, The attorney that i spoke with said that it should be in my county , where the divorce and three other cases have been filed. I would say that a worry wart is a fair assessment of me!. Child support from him has been hit and miss at best. I am just really tired of using the credit card to buy groceries with! LOL. I will be in court if it gets me fired! His excuse for not going back into the same line of business htat he was in previously is htat no one will hire him.. I wonder how well that will go with the judge? Thanks again for helping me and calling it like you see it! I will keep you updated ! Take care. Rose