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Non custodial Father -
I lowered my support obligation in 2001 when laid off the job. I never raised it when recalled. Now in 2008 I have a new job & big jump in wages. My ex had the prosecutor reach me for employer/wage info this week . Over the last 7 years I always paid the lowered support amount or higher. My Q:
When the court re calculates my obligation can they hit me for arrears from 2001-present?:eek:
First there si no prosecutor, this is not a criminal procedure. This is civil unless you are being charged for not paying support.
So her attorney, or a court officer would have contacted you.
Has she filed to have back years reviewed, have you been asked for past years tax returns to prove income?
So if they merely want current wage info that is all they are looking at, paying correct current amounts
The prosecutor's office /case worker noticed the modified order from 2001. I just received a letter of "State vs Me" with a 3 page questionare of employer info & wages with check stubs. They told ex that when we both submit the forms a hearing would be set. I expect my obligation to be raised - ( my income improved, hers hasn't) I just worried about substainial loss through arrears or arrest for excesive arears. )
I have 2 children now at my new home with me. It was asked on the form - I hope it helps .:rolleyes:
In some states the DA's office is the one that prosecutes child support orders and that may be where the confusion is. For the most part in those states there is no family court so it's a civil matter handled through that department. That might be where the confusion is as far as the "prosecuters" being alleged.
Ok, in Indiana you go to family court to have your support set and any modifications done to support and/or visitation. If they are doing an investigation then yes the prosecutors office does get involved. So like if you have to go to court for a "review" of support which in this state is pretty regular someone from the prosecutors office is there on one side and you are technically the defendant. This happens very regularly (97% of them that I have seen walk in have the judge say OK you're paying or give them a slap on the wrist and tell them to start paying and they walk out). Are the two subsequent children yours or step kids? If they are yours then yes it makes a difference but if they are step kids it dosen't. I'm not sure if that really help much so if not ask another question and I'll try to help better.
I will try to give details and try not to write a book. The letter received via normal postage has a header that reads: Office of Prosecuting Attnorney and his name followed by child support division. State vs Me . "In order to calculate support in this case it is necessary for this office to obtain certain information required by Indiana child support guidelines and the State child support computer system . Please provide the following information within 10 days.Quote:
Originally Posted by stinawords
Then 15 qestions related to employer, earnings , health care costs for dependent, other kids in your house, etc. Back page exhorts you to return in 10 days or a court discovery will take place. What's your take of this? Civil or criminal? One child is mine & one is a step.
Quote:
Originally Posted by trucxrule
I think it's civil - I'm not in Indiana but Stinawords is so she knows far more than I do - BUT if you were under an obligation to report changes in income and did not, I can tell you in NY you could be criminally charged and you could be forced to pay the arrearages based on the unreported fluctuations in your income.
This is the key In my opinion. What does the support order say about reporting changes in income? This would be either spelled out in the support order or in state law. If the law or the order states that you have to report changes in income when they occur, then you could be criminally prosecuted and made to pay arrears.Quote:
Originally Posted by JudyKayTee
You have to look at your support order to see if it requires you to report changes. According to state law a modification review is only done upon request. Your lack of employment allowed was your 20% decrease in pay (state percentage for either increase or decrease). So even if your original order didn't require you to report changes of any amount when it was modified the judge could have included that you report when you were working again. If this is the case I would guess that the cp called the prosecutors office and told them there was a problem.
Quote:
Originally Posted by stinawords
That's my feeling - somebody applied for the reduction and was obligated to also report any increases. And the fact that the reduction was reported but not the increase is NOT going to look good - at least on paper.
I see you have some experience with Indiana courts. I spoke to a lawyer there by phone & her opinion was I wouldn't be held for arrears . As another post said it does look bad on paper that I didn't re adjust the mod later. Couple things I also wondered about : 1) Can they seize 100 % of overtime pay earned or just a portion of it? 2) After the court gets my wage stubs & hers & does the calculation could they send me the details to sign off on the increases & save me the trip back to Indiana & Court costs or will there have to be a hearing that I will have to attend/with lawyer or not?Quote:
Originally Posted by stinawords
1) They will take a certain percentage of your entire pay. I'm not sure if you are talking about repaying arrears or just about the calculations. The juge will look at your paystubs and hers and plug them into the calculator. The judge isn't stupid he/she can tell if the overtime is only one week then you go three months with out it so it would be figured on an average so that the weekly payments are all the same. 2)If you have a lawyer they can appear for you which is one of the benefits of having one so that you don't have to show up for every little detail but if you don't have a layer then yes you will have to show up when the judge tells you to.
Yes, I meant to say the new calculations & I don't expect to pay any arrears since I was paying at the same or higher rate than what my last mod was lowered to. The overtime was constant this year but HR told me today that next year was slow & there wouldn't be any ot. She went on to say "it will kill you" if they take this years with ot out on next years schedule. In this case could I send in the 3 current wage stubs in 2009 & be modified to a 40 hr week? I knew about the calculator but wondered what help a lawyer would be to me if the numbers & pretty much set by the earnings anyways:confused:Quote:
Originally Posted by stinawords
Quote:
Originally Posted by trucxrule
I've never seen a Judge rule based on what is going to happen "next year." I've also never seen a Judge rule on the past 3 pay stubs. In NY you are asked for last year's tax returns and a statement from your employer of the year to date.
I think you're in trouble for reporting when you made less but not when you made more.
As Stinawords said - the Judge has been down this path before!
I think you are right about a Judge not ruling on next years results. The prosecutor did ask for 3 stubs and some recalculation info. I faxed what I got to a lawyer & they didn't seem too alarmed by it.Quote:
Originally Posted by JudyKayTee
If you don't mind my asking what field do you work in? I ask because I'm interested in how HR would know that "next year was slow" maybe it's just because I'm a stickler on grammar and how the future was mixed with past tense or were they just predictions of what will come next year. Because Indiana does not require you to report income changes it would have just been written into your modified order when it was lowered (and the judge may not have added it you would have to look) I could see it go either way with the arrears. However, the fact remains that you will have your support based on current pay including your ot and even if you were to not have as much ot next year you would have to bring in 20% less with your lack of ot in order for a judge to even think about letting you back in for another modification.
Sure - I work in the Energy sector. It's based on sales orders & contracts & unless new orders are secured the company predicts slow production for 09' . We use temp workers here & they were told to expect a layoff in the first quarter. After the temps go the regular workers <like me> are vunerable if further reductions are needed. As far as the mod order language goes I spoke to a para legal at my former lawyers office who wrote the reduction mod & was told they tossed all the older case files when they moved to a new location. So I'm not sure what it did say. Thanks for clairifying the ot issue as how they figure it. Very helpful.:)Quote:
Originally Posted by stinawords
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