[MoonDust]

I my son was making $85,000.00 a year when his childsupport amount was caculated and it has been 2 years now he is making up through today a gross of $53,198.00 he cannot pay the $300.00 a week that was established at the time. Some weeks he has no pay check after child support is deducted. What can be done He has no money for a lawyer as he can hardly pay support and live. Please help with information if you can. It would be greatly appreciated.
MoonDust

[stinawords]

He can file for a modificatio based on change of circumstances but it won't be an emergency he will just have to wait his turn like everyone else. Was it a voluntary cut back in pay like working less hours or something or was he fired? Those things will make a difference. Each state has a formula that they use to determine support but with out knowing what state it is through I can't point you to the right one. Basically, yes he can file for a modification I just won't guarantee that he will win.

[Betty39]

True

[MoonDust]

[QUOTE=stinawords;1338254]He can file for a modificatio based on change of circumstances but it won't be an emergency he will just have to wait his turn like everyone else. Was it a voluntary cut back in pay like working less hours or something or was he fired? Those things will make a difference. Each state has a formula that they use to determine support but with out knowing what state it is through I can't point you to the right one. Basically, yes he can file for a modification I just won't guarantee that he will win.[/QUOTE


The economy has changed his pay he is a desial tec for Ford and they have no work

[helpstep]

In most states you can go to Child Support Enforcement, pay $100 and they will review his payments. The amount can either go up, down or stay the same. But once the get that figure its good for a couple years. What state is it?

[MoonDust]

In most states you can go to Child Support Enforcement, pay $100 and they will review his payments. The amount can either go up, down or stay the same. But once the get that figure its good for a couple years. What state is it?

He is in Georgia. She has went to child enforcment to have it taken from his pay check every week and he is currant with his support. He call the child enforcment and they are going to send him the papers but they say it could take up to 190 days. He thought if he could file with the courts himself it may be heard sooner.

[cadillac59]

He can file for a modificatio based on change of circumstances but it won't be an emergency he will just have to wait his turn like everyone else. Was it a voluntary cut back in pay like working less hours or something or was he fired? Those things will make a difference. Each state has a formula that they use to determine support but with out knowing what state it is through I can't point you to the right one. Basically, yes he can file for a modification I just won't guarentee that he will win.

I agree with Stinawords but one thing I would add is that the motion for modification should be filed and served immediately. California for example allows for retroactive modification of a CS order back to the date the motion was served (which isn't always the same date it is filed) (the service date is the earliest date allowed by federal law btw). So if he at least files the motion he will be able to secure retroactive adjustment of support to avoid the unfairness of paying above the state's CS guideline (this is one reason why there is no emergency justifying an early hearing-- you can retroactively adjust it all and correct for overpayments anyway). Hope this helps.

[cdad]

I would add is that the motion for modification should be filed and served immediately. California for example allows for retroactive modification of a CS order back to the date the motion was served (which isn't always the same date it is filed) (the service date is the earliest date allowed by federal law btw). So if he at least files the motion he will be able to secure retroactive adjustment of support to avoid the unfairness of paying above the state's CS guideline (this is one reason why there is no emergency justifying an early hearing-- you can retroactively adjust it all and correct for overpayments anyway). Hope this helps.

I disagree with this statement and here is why. You need to be careful in giving an absolute to the OP because in Cali they are guidelines not law until a judge signs them off and they are entered as orders. Cali courts have a family law division and a lot of states do not. A judge doesn't have to do anything except follow a guideline which may give you an outcome but nothing is written in stone. So for the OP they might get an adjustment but as far as retroactive that's going to be up to the judge and how their day is going. Laws and guidelines are 2 different things and we all need to monitor them carefully.

[MoonDust]

I disagree with this statement and here is why. You need to be careful in giving an absolute to the OP because in Cali they are guidelines not law until a judge signs them off and they are entered as orders. Cali courts have a family law division and alot of states do not. A judge doesnt have to do anything except follow a guideline which may give you an outcome but nothing is written in stone. So for the OP they might get an adjustment but as far as retroactive thats going to be up to the judge and how thier day is going. Laws and guidlines are 2 different things and we all need to monitor them carefully.

I don't know Cali law and or how it differs from Ga law. Where could I go online to find out the state law on child support and modifications. I still don't know where to find the papers for modification. The court won't give them too you. Have any Idea?

[cdad]

Sometimes you can ask the court depending on what type of court it is.. if they have an advocate of the court there to help you find what you need. Every situation is different so they could help guide you into filing the right paperwork. Unfortinately its not just as simple as one would imagine. You need specific papers. What state are we actually dealing with ?

Here are 3 different Georgia links :

Georgia Child Support Laws

Georgia Child Support Commission

http://ocse.dhr.georgia.gov/portal/site/DHR-OCSE/

[MoonDust]

Sometimes you can ask the court depending on what type of court it is .. if they have an advocate of the court there to help you find what you need. Every situation is different so they could help guide you into filing the right paperwork. Unfortinately its not just as simple as one would imagine. You need specific papers. What state are we actually dealing with ?

Here are 3 different Georgia links :

Georgia Child Support Laws

Georgia Child Support Commission

Home

I just found a group that is advertised on this site ask help desk and I called it is attorneys who help or prepare the paper work for you and file for you but don't attend court with you , they sound pretty good but it is still scary when you are not looking some one in the eye. But they do take payments with $149.00 down It is called Family Solution Center.

[cadillac59]

I disagree with this statement and here is why. You need to be careful in giving an absolute to the OP because in Cali they are guidelines not law until a judge signs them off and they are entered as orders. Cali courts have a family law division and alot of states do not. A judge doesnt have to do anything except follow a guideline which may give you an outcome but nothing is written in stone. So for the OP they might get an adjustment but as far as retroactive thats going to be up to the judge and how thier day is going. Laws and guidlines are 2 different things and we all need to monitor them carefully.

You said in California "[there] are guidelines not law until a judge signs them off... " Well, I suppose that is true that orders aren't orders until they are orders, but what's the point? The CA guideline is a mandatory guideline, not discretionary. There's almost no "wiggle room" in the guideline unless you qualify for one of the rebuttal factors, which are very hard to get and rarely given. They are so difficult, in fact, to get that in most cases you might as well disregard them. So the point is you can rely on the guideline giving you the actual CS numbers that will be ordered. Of course, where the argument may lie is in the data that is imput to get there (parties' incomes, timeshare with the kids, tax issues, etc).

On the issue of retroactivity, yes that is discretionary, true enough, but in my experience if you are seeking a downward adjustment due to diminished income the judges will give it to you as early as the motion service date or later if the drop in income was later. Why wouldn't they ?

[cdad]

You said in California "[there] are guidelines not law until a judge signs them off..." Well, I suppose that is true that orders aren't orders until they are orders, but what's the point? The CA guideline is a mandatory guideline, not discretionary. There's almost no "wiggle room" in the guideline unless you qualify for one of the rebuttal factors, which are very hard to get and rarely given. They are so difficult, in fact, to get that in most cases you might as well disregard them. So the point is you can rely on the guideline giving you the actual CS numbers that will be ordered. Of course, where the argument may lie is in the data that is imput to get there (parties' incomes, timeshare with the kids, tax issues, etc).

On the issue of retroactivity, yes that is discretionary, true enough, but in my experience if you are seeking a downward adjustment due to diminished income the judges will give it to you as early as the motion service date or later if the drop in income was later. Why wouldn't they ?

Your experience has been different then mine as far as California courts are concerned. In my case I did have to ask for an adjustment. A lowering of support due to job change ( same field ). The judge wasn't so kind that day and the reason they gave me was that since I was able to pay then I must have been able to afford it. They granted the reduction for the following month but nothing was retroactive to the dates of filing or serving even after I had asked for it in the motion. So really the amounts are subject to the descresions of the courts and they can play with the numbers until they are happy. The judge wasn't fond of the idea of having to lower support and was looking for any way he could to avoid it. The system that has my case is one of the worst for fathers in the country.

[cadillac59]

Your experience has been different then mine as far as California courts are concerned. In my case I did have to ask for an adjustment. A lowering of support due to job change ( same field ). The judge wasnt so kind that day and the reason they gave me was that since I was able to pay then I must have been able to afford it. They granted the reduction for the following month but nothing was retroactive to the dates of filing or serving even after I had asked for it in the motion. So really the amounts are subject to the descresions of the courts and they can play with the numbers until they are happy. The judge wasnt fond of the idea of having to lower support and was looking for any way he could to avoid it. The system that has my case is one of the worst for fathers in the country.

I'm sorry to hear of your experience but it doesn't seem typical.

When I speak of my experience, I mean from the perspective of a lawyer. That and I am a Certified Family Law Specialist in California and practice exclusively in the field of family law. And I've seen a lot of cases- yours should have been an easy one frankly. A simple mod is nothing really. If you have an agreement on the numbers to plug in the Dissomaster that's pretty much it.

Retroactivity is pretty much the norm in my county so I really can't explain why the judge denied it in your case (maybe he didn't believe you about the dates the income dropped?)

[cdad]

I had proof of it because I collected unemployment for about 90 days prior to getting the new job. And the date of hire was on the paperwork also as well as the date the last place was closing including the notice that I was given of them shutting down the business. It doesn't matter but because its done with. It just seems that in California the family law courts are anything but uniform. And the outcome can vary case by case and day by day with evidence that is the same.
BTW.. welcome to the forum.

[cadillac59]

I had proof of it because I collected unemployment for about 90 days prior to getting the new job. And the date of hire was on the paperwork also as well as the date the last place was closing including the notice that I was given of them shutting down the business. It doesnt matter but because its done with. It just seems that in California the family law courts are anything but uniform. And the outcome can vary case by case and day by day with evidence that is the same.
BTW .. welcome to the forum.

Thanks for the welcome.

There's not suppose to be a case-by-case variation when it comes to child support, that's one of the reasons we have a guideline: you are suppose to be able to compare your child support order with the guy next door's and understand why you pay what you do and he what he pays. Like I said the judges aren't suppose to have much wiggle room.