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Old 08-06-2015, 03:16 AM   #1
indiechic Female
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beg or prayer CS Modification Hearing call?

Hi All,

I'm a nurse/full-time student mother to an almost two year old daughter. I've petitioned to have my support order modified (originally filed 1/14) as the father has had more than a 20% increase in his income and has not contributed to my daughter's insurance premiums so far this year. I've turned in all of my financial information already. I only make about $1000 more than him quarterly (didn't know this when paperwork was filed though), so I want his contribution share increased from its current 32%. Based on guessing what I thought he made and the DSHS calculator, I should be getting $487 instead of $254 currently (not including insurance). However, after receiving his last two years of quarterly income from DSHS (CSE in WA state), his new monthly contribution should be $644 (don't believe this includes insurance premiums). Do I have a good chance at this? I requested $630 (included half of her monthly premiums) before I knew what his exact income even was. How else can I show good cause for the increase? She lives with me 100% and has not seen her father for almost a year. We have no parenting plan and he has not asked to see her within that year, lately not even responding to my texts. He does (inconsistently) pay $150/mo for one of her medical bills I can't afford and does pay my mom $400/mo (though not on time ever) (I also pay her this amount) for childcare. This is his only child as well and neither of us are married.

I'm just feeling very nervous about this conference call hearing and would love to know what I should expect to be asked. They said it could last up to 2 hours. I can't afford an attorney and one is not automatically assigned in this state. It's been so overwhelmingly stressful having to go with so little child support that I'm praying for a substantial increase! And to believe he made me feel terrible about wanting CS enforced through the state in the first place!
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Old 08-06-2015, 02:27 PM   #2
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Default Re: CS Modification Hearing call?

Dear IndieChic,

Welcome to SFV!!!

Here's the good thing--with CS, it's all based on numbers. So just provide the numbers--your income, his income, the insurance cost, etc.

When on the call, do your best to stick to the facts, keep emotion out of it. When the CS officer talks to you, answer all questions. Did you already send in the proof of income and insurance? Did t hey ask you to? I think it's great if they already have the numbers in front of them.

Is your child in childcare? Be sure to have those costs handy, along with the proof of health insurance premium costs.

At this point, you have nothing to lose and your child has everything to gain--your child deserves the financial support of both parents.

Good luck, and please keep us posted!

p.s. despite the headache of a CS conference call, this is, actually for the best. Once the state is involved, it removes the scene of conflict between you and him--they are the third party, so they collect, then distribute to you. You don't have to chase him around for $$ and he pays CS, not YOU, (although the funds get to you eventually).

Anyway...hang in there!!
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Old 08-06-2015, 11:23 PM   #3
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Default Re: CS Modification Hearing call?

Even if you did have a lawyer, it won't help you all that much. I am a family law attorney. These type of administrative hearings consist of a judge asking a series of questions. You should prepare any exhibits (taxes, pay stubs, anything you can find as proof his income increased--- even text messages) and send to the judge prior to the hearing.

The judge will base the questions largely on your application snd exhibits.
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Old 08-07-2015, 09:47 PM   #4
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Default Re: CS Modification Hearing call?

Thank you both. They already have the financial earnings of both parents verified, so hoping there aren't any surprises. I guess I just wonder if anything he says during the call could change the judges mind bout raising the amount? I'm probably just being paranoid. It would be such a blessing to my stress level to finally get more support financially. So exhausted from feeling overwhelmed.
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Old 08-07-2015, 10:21 PM   #5
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Default Re: CS Modification Hearing call?

Hi Indiechic,

It is truly a numbers game. The numbers go in, the calculation comes out.

Just curious, did they ask for childcare/healthcare costs? Our state asks for that verification.

Thankfully, CS is calculated strictly by the numbers. So there's no talking his way out of it.

Good luck and keep us posted! Hang in there!!
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Old 08-07-2015, 10:26 PM   #6
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Default Re: CS Modification Hearing call?

They did ask for them. My employer sent in the healthcare verification, but I can't ask for enforcement of childcare costs as I pay my mom and they said it's not verifiable since she's not licensed by the state. Kinda sucks for childcare, since most moms would love to avoid daycare institutions. I'm lucky to have my mom watching her.

Thank you for the reassurance!
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Old 08-07-2015, 11:00 PM   #7
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Default Re: CS Modification Hearing call?

Of course any thing either of you say can be persausive. But it would have to fall in one of the legal exception or rebuttals. Generally ncp's do not have a legal reason.
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Old 08-09-2015, 04:59 PM   #8
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Default Re: CS Modification Hearing call?

Would it be helpful to try and express how difficult it is monthly with the current support amount? Or, just stay silent and let our incomes do the talking? In the last two days alone I've spent the entire child support amount already on my daughter.
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Old 08-09-2015, 08:14 PM   #9
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Default Re: CS Modification Hearing call?

It can. It just depends. I have been successful in lowering an amount by asking father questions on how difficult it was to make ends meet. Judges are human. They can, amd often do, have sympathy. Just keep it short and concise.
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Old 08-18-2015, 03:53 PM   #10
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woot Re: CS Modification Hearing call?

Exciting update: the hearing conference call went very well this morning. He didn't answer the phone when the judge called multiple times so he ended up being in "default". Also, come to find out he never submitted pay stubs or any supporting documents as requested by DSHS. Bad for him, good for me! The order was increased from $254 to $658 (now including medical support). I'm so thrilled! Thank you for all of your help! Here's hoping that he doesn't try to appeal once he gets the notice in the mail or when he realizes more is being garnished. The judge warned me I'd probably get an angry phone call from him once he realizes, but I don't think so. I think he'll pay silently to avoid conflict. Thank you again!
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Old 08-18-2015, 04:13 PM   #11
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Default Re: CS Modification Hearing call?

So glad it worked out indiechic!!!!!! good luck to you and hang in there!!!
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