BF ended up in court because BM quit her job, and lost the health insurance she was getting for SS, which BF was paying a portion of as part of his CS payment. So BF called the CS office and told them why he needed the CS modified, and that's what got him in front of a judge.

It may be that the court system is imputing your DH's income since his income changed because he is unemployed, and not because of a demotion/promotion. Sometimes they look at it as he is SUPPOSE to have a job, so he should continue to pay as though he is still working, and don't care just how difficult it is right now to obtain employment.

Maybe try and send financial info showing the change in income along with your next request.

Because the state is usless to go through, All States receive federal kick back money based on the amount of support they receive.

Always go before the judge - he/she is there to hear both sides of the story and will apply the law.

In IL their system is set up that one paying support will always be behind creating interest. CP's must pay taxes on interest. there fore its nothing but a cash cow for the state. On top of that with the Federal Kick back each state makes when they report how much money was collected in child support.

The only time the state will modify support is when there is a benefit to the CP - They are only there to collect money.

File a motion with the court - bring you paperwork - and the fact the NCP is looking for work - what his UE is and what by the law your state requirements are. Ask for an abatement

SO had to fill out a "Modification Review Form" and send it in to Friend of the Court (Michigan). They then sent a packet that needed to be filled out. It was quite lengthy. After that, they contacted SO's employer and BM with forms to fill out regarding income and wages. BM never sent her's back to them so they estimated her income (which I think was higher than she actually is making. so she messed up on that one...lol). The Friend of the Court then made a Recommended Order for CS and SO and BM had 21 days to contest it. BM never did so the Recommended Order was then Final Order of CS. It took about 3 months from beginning to end and SO never had to go to court because BM never protested it. In Michigan, this modification review can only be done once every 3 years. Of course, once BM realized her CS was lowered, shit hit the fan. But, there was nothing she could do other than throw her usual tempertantrums and idle threats.

The real answer is that the procedures vary depending on your state's child support law. Most state's have fairly specific thresholds that you must meet in order to justify a modification. Often, a new baby is not enough. Sometimes it's a set amount, like the 10% you mentioned. Often there is a time requirement.

A family law attorney in your jurisdiction will know how judges tend to rule. Guidelines are just that...."guidelines". Family law judges have a lot of discretion. They will always side with the "best interest of the child". Unfortunately, that usually means that if mom has custody, she's going to get as much money as the judge can get by with giving her.

We file for an ammendment of CS with the County Prosecutor who engages the CSE office to assign an administrative law judge.

As the CP household we are required to file a veritable library of Congress worth of information. Multiple years of tax returns, pay stubs, mortgage information, lists of all of our bank and investment acounts and balances, local and state property tax forms, etc.....

AND THE SPERMCLAN GETS A COPY!!!! This just pisses me off to no end.

Biodad as the CP has to fill out a couple of forms and provide two pay stubs.

When the date is set we all call in to a telephone hearing where the judge asks each side to explain their intent and to make any requests.

BioDad and the SpermClan all are on the phone and won't shut up so the judge has to shut them up. My SS was actually on visitation and in the room with the hearing on speaker phone the first telephone CS ammendment hearing we had. My wife had to ask the judge to have the kid(s) removed from the room during the hearing because she did not feel it is appropriate for a child to be exposed to a contentious court hearing between BioParents. The judge order the SpermClan to remove the children from the room.

Then BioDad asks that his CS be completely waived since "(StepDad) is rich and it is not fair that he has to pay CS when StepDad is rich and (BioMom) does not have to work but does only to force BioDad to pay CS and it is not fair that (My SS) has some much money (he has no money) and nice things and (the younger three out-of-wedlock spawn by two other mothers) don't have nice things..... blah ........ blah ........ blah)

When it is our turn my wife lays out a very cogent and logical case (e.g. "my husband was layed off and has been unemployed for a year. His income should not considered in the calculation of CS. In the original order (BioDad) was given a $1000/00 income credit to lower his CS because of my husbands income. He has no income so the credit should be disallowed." The most enjoyable moment comes when my wife asks "The (SpermGrandParents) income should be added to (BioDad's) income for calculation of CS because (BioDad) lives in a home owned by (SpermGrandMa & SpermGrandPa) and the three younger out-of-wedlock spawn live with them and BioDad provides no help".

The entire SpermClan then erupts in to pandimonium and it takes a while for the judge to get them under control. The judge then informs them that under the circumstances that the SpermGrandParents income can be considered when calculating CS and spends some time chastising BioDad for being a complete dipshit waste of skin (my words the judges message).

Then the judge rules that the SpermGrandParents income will not be considered by my income (StepDad) will. The judge retains the $1000/mo income credit for BioDad (which lowers his CS obligation by ~$50/mo).

At this point I take my handset off mute and ask the judge:

Rags: "Your Honor, am I a party to the case."

Judge: "No, you are a step parent and not a party to the case."

Rags: "So you are reversing your decision to consider my income in calculation of CS and reversing your decision to give (BioDad) a $1000/mo income credit due to my income?"

Judge: "No, I am not reversing my decision to apply a $1000/mo income credit to BioDad due to your exessive income."

Rags: "You are contradicting yourself your honor. You state I am not a party to the case yet use my income in determining CS"

Judge: "That is not contridicting myself"

Rags: :I beg to differ. It is absolutely a contridiction on your part to state that I am not a party to the case yet proceed to make me a party to the case by utilizing my money to reduce the (SpermIdiots) CS obligation."

Judge: "I will not continue this discussion. If you say another word I will hold you in contempt"

Rags: "Yes your Honor" }:) (I always get in the last word during this discourse).

We have been through this three times. The first time was in the original court room hearing, then twice during phone hearings.

Good luck.

As it's different in each state, I'll tell you how I'd go about getting a hearing in mine. I'd go to the district clerks office in the courthouse and ask for a hearing to modify with the Attorney General's office. The AG's office has hearings every Wednesday here in our small town.

Get an attorney. They know the laws and no one will take you seriously if you try to do all this alone. Each state is different so better to trust an attorney than everyone here. Since dh is unemployed try legal aid. This happened to us and once we got an attorney it was lowered.