MsMaggieMaye
Jul 18, 2012, 06:35 PM
My ex and I divorced in NJ, where we both lived in 1999. Though I am the mother, I am the non-custodial parent and pay child support; my ex husband has primary residential custody of the children, but we have joint legal custody of our three children. He remarried later in 1999, and they have one child together.
In 2003 I moved to Virginia, and in 2004 child support was increased for me as my income significantly increased. Child support was modified in 2009/2010 after my ex moved to Pennsylvania in 2009 and was increased again because that Judge did not use any offsets in visitation costs in the calculations as was done previously; neither of our incomes changed significantly. In January 2012 a COLA (Cost of Living Adjustment ) was made. My ex had an operation to I think one of his knees, and may be having his other knee done, so I know he's been unemployed, but I believe seeking disability as recently the PA Child Support Enforcement (CSE) contacted the VA Department of Child Support Enforcement (VA DSCE) and ordered my wages to be garnished, though my wages were being garished and paid to NJ Probation per the 2004 order. I got all of that straighted out, and VA will garnish my employer, pay NJ, and then to my ex husband. However, today I received a notice to provide a Income Statement from the VA DCSE for review for modification. Seeing that neither of us have lived in NJ since 2009, I can see why VA will become the new Continuous Exclusive Jurisdiction if they file a motion with NJ, since that is where I am and understand those dynamics per the UIFSA codes. Though I was under the impression that my ex had to file in VA with a petition; I didn't expect an administrative agency modification to an existing court order in another jurisdiction.
What confuses me, and I can find plenty of information that me, as a non-custodial parent were to claim disability, but NOTHING on what happens when a modification is considered when the custodial parent claims disability. Nothing. I have no idea if I'm about to be facing more in support, or less. I naturally cannot pay more.
If it matters, prior to his disability, he was working in a NY Union for about 15 years, has benefits, annuity, and was making about 100K a year, and I was making about half of what he makes. I have no idea between his union benefits, disability, what his current income would be.
To add to the muck, we have a daughter who is about to turn 18 in October and entering her senior year in high school, who does not live with either of us. Reason being his wife assaulted my oldest daughter and my ex husband agreed to having her out of his home, to bring his wife back home. He hasn't been supporting her financially at all, so he's been keeping her share of the support of our three children. I also find it odd that we'll have to modify again in less than a year upon her graduation from high school next May or if that is a current factor for the VA DCSE review of income.
But wait... there is more... my ex husband though stating he's disabled has been working at a store he is partners with in the town he lives in PA. There are a couple articles in local county papers that support this, but the store is actually a proprietorship in his wife's name. But the bottom line, he IS working, through the store, under the table. Other than the local articles, and I live 300 miles away, I cannot say I have witnessed directly his behavior, but my children have told me as such.
Naturally I don't have funds for a lawyer, I do have some paralegal background, but need some assistance in the form of advice, resources, as to how to find some answers to part or all of these factors would be greatly appreciated.
Thank you kind people for consideration and any assistance.
In 2003 I moved to Virginia, and in 2004 child support was increased for me as my income significantly increased. Child support was modified in 2009/2010 after my ex moved to Pennsylvania in 2009 and was increased again because that Judge did not use any offsets in visitation costs in the calculations as was done previously; neither of our incomes changed significantly. In January 2012 a COLA (Cost of Living Adjustment ) was made. My ex had an operation to I think one of his knees, and may be having his other knee done, so I know he's been unemployed, but I believe seeking disability as recently the PA Child Support Enforcement (CSE) contacted the VA Department of Child Support Enforcement (VA DSCE) and ordered my wages to be garnished, though my wages were being garished and paid to NJ Probation per the 2004 order. I got all of that straighted out, and VA will garnish my employer, pay NJ, and then to my ex husband. However, today I received a notice to provide a Income Statement from the VA DCSE for review for modification. Seeing that neither of us have lived in NJ since 2009, I can see why VA will become the new Continuous Exclusive Jurisdiction if they file a motion with NJ, since that is where I am and understand those dynamics per the UIFSA codes. Though I was under the impression that my ex had to file in VA with a petition; I didn't expect an administrative agency modification to an existing court order in another jurisdiction.
What confuses me, and I can find plenty of information that me, as a non-custodial parent were to claim disability, but NOTHING on what happens when a modification is considered when the custodial parent claims disability. Nothing. I have no idea if I'm about to be facing more in support, or less. I naturally cannot pay more.
If it matters, prior to his disability, he was working in a NY Union for about 15 years, has benefits, annuity, and was making about 100K a year, and I was making about half of what he makes. I have no idea between his union benefits, disability, what his current income would be.
To add to the muck, we have a daughter who is about to turn 18 in October and entering her senior year in high school, who does not live with either of us. Reason being his wife assaulted my oldest daughter and my ex husband agreed to having her out of his home, to bring his wife back home. He hasn't been supporting her financially at all, so he's been keeping her share of the support of our three children. I also find it odd that we'll have to modify again in less than a year upon her graduation from high school next May or if that is a current factor for the VA DCSE review of income.
But wait... there is more... my ex husband though stating he's disabled has been working at a store he is partners with in the town he lives in PA. There are a couple articles in local county papers that support this, but the store is actually a proprietorship in his wife's name. But the bottom line, he IS working, through the store, under the table. Other than the local articles, and I live 300 miles away, I cannot say I have witnessed directly his behavior, but my children have told me as such.
Naturally I don't have funds for a lawyer, I do have some paralegal background, but need some assistance in the form of advice, resources, as to how to find some answers to part or all of these factors would be greatly appreciated.
Thank you kind people for consideration and any assistance.