Legal Question....Candice maybe you know....
Does anyone know how this works…okay so she petitioned the court to get an increase in Child Support…they did the calculations and gave her a $65 a month decrease…she appealed the decrease…and they have been withholding the same amount of money from my husband’s check each month and then they take the $65 and put it in an “escrow” account…now if they decide at a later date that the original calculations stand, he will get the money…however if they decide that the original calculations were incorrect and she should have received an increase…will the penalize him for that and back date it? Or will the new finding be effective as of the new order…she gets the money that was being held and we start “fresh”? I guess what I'm asking is ... is it possible that she will get the escrow plus any additional monies that we will have to pay out of pocket? Anyone have any experience with this? I know that Candice is pretty law savvy so I was just wondering..
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What will probably happen..
is that they will back date from teh date of the hearing. I work in the legal field, but I don't do family law. My only experience is my own, and my DH's divorce. We pay support, and we also receive support. So I've been on both ends of the issues.
What will likely happen, in my opinion, based on your brief explanation, is that the original order will stand and the escrowed money will be returned to you. Calculations for support are mandated by state law. She got a decrease probably becuase her income went up, or your spouse's went down, or some other financial issue changed or went away such as day care. These programs are online and computerized. Its hard to make an error unless someone used wrong figures. You could do this yourself from home if you like. Google "child support calculators" or "Florida, Kansas (whatever state) child support calculator. Most sites such as State DHS sites, offer them free.
In our case...
BM got a decrease in child support too, however, CS gets taken out of my DH paycheck automatically. When CS got adjusted, we tried to get it adjusted on DH's paycheck, however, BM is the one that has to put in the paperwork... so, to this day, she's still getting the same amount as before CS got adjusted and she's "supposedly" suppose to reimburse us the overpayment. Of course, that doesn't happen. So, we keep track of it, and we're going to be going back to Mediation, it's just a matter of time. For us the difference is only $25 bucks a month.
Right now, we're in the middle of dealing with another BM for DH's daughter, so we figured that this wasn't a big enough issue to deal with. We eventually will be getting it all straightened out because right now, we have SS over 75% of the time now, and we want to get the CS dropped substantially because of it. So, I'm kinda curious as to what happens with you.
They cannot adjust his
They cannot adjust his paycheck to reflect the decrease but if there was an increase, they would adjust for that...why is it up to her?! These courts just drive me up a wall! My husband also has two kids/two moms so we are certain that as soon as we get this all settled…we will be right back in court with the other SD…I'll keep you posted.
Make a GREAT Day!
We're in the California
We're in the California Court System, which is a whole other animal in itself. System is totally broken and sucks. Which I'm sure is like everywhere else in US. I so think that the system needs to be reevaluated and custody based on case by case basis.
California
In California the support can be modified back to the date of filing the original motion. For example, we had a hearing last July, the Motion was filed at the end of May, we ended up having the hearing pushed back because of a planned vatation. When we finally had the hearing at the end of August the support was back dated to June. So we went from being up to date to being in arrears, plus, they also back date the interest, so even though we were unable to pay more than our support amount (they would have sent back any overpayment) we still had to pay interest! Okay, enough venting, California is such a one-sided state, I hope if you do not live here that your state is better at this.
???
I thought they couldn't do that until that actual support modification went through. Doesn't seem right.
CHILD SUPPORT
We just went through a modification and she first filed in january well we had to reschedule because she did not have all her paperwork in so when they finally went to court it was back dated to the date she filed-
So we started off in arrears- and according to our child support in ohio anything over 500 dollars will cause your name to go to the irs for witholding and anything over 150 they can take your state. and after a period of time you are in default (did not get a straight answer on that) they can send something so it is on your credit report.
Just be careful and keep track of everything-I kept a spread sheet of what we sent in for arrears and then when it got down to like 25 dollars i called them and had them send in a new wage attachment- but we paid over 1800. in a matter of months- did not want my income tax taken.
hope this helps.
We are in Ohio as well so
We are in Ohio as well so that information really helps! I guess it is a good thing that they have been automatially withholding the money from his check and keeping it in an escrow account...that way if we do "loose" (are their really winners and loosers in a CS cse?!) then we will not have that much of a difference to make up (prayerfully). Ohio law seems to crap on Fathers!
Make a GREAT Day!
It might be a good idea for
It might be a good idea for us to start an account of our own…a side account and stash a few dollars away into it that way if we come back owing her $ then we can cut a check and be done with it and if not…well then we can take the money out of that account and have our selves a little party!
Make a GREAT Day!
Call the superior court clerk
Or call the agent listed on the cs paperwork to get a definite answer. There should be a specific person listed on the review process. In my experience they won't back date it, but I'm not in Ohio.
Reminds me...
we just had a neighbor who paid his exwife CS directly to her, for a number of years. Not the court (I know what a dummy). They supposely ALL had a great relationship or was so told to me by his wife. Ex even went to their family get togethers.
Well since the CS wasn't paid through the court first, the state of ca came after them. Wife went to her checking to pay mortgage and $5000. was wiped out, next 90,000 lean was on their home. They called the ex wife and found out she could have it all taken off. Only had to show documentation from both sides. Next step his paychecks were garnished. Meanwhile ex never called them and she refused to talk to them. After all she was going to get all this money for 2 kids going back many years. She never knew about all this until they called her, it was all started by the state of CA.
Yeah just like you said they
Yeah just like you said they thought they had a great relationship...money sure does change things! Paying directly is the WORST thing that a man can do…once again the court forces you to go through the courts…even if you have receipts/cancelled checks…In Ohio, unless you have a child support order on file and pay that way, any money you give directly is considered a GIFT!
Make a GREAT Day!
Yeah... tell me about it...
It's because the state of Cali is in debt, so if they get a name of a father, they automatically go after them- no matter what. The entire child court system here is run by a bunch of liberal feminist who think that ALL dads are horrible, they are ALL abusive, and turn their heads when they see that the opposite is true. Oh, you poor girl. How horrible it must be for you... makes me sick.
My father had this experience too. My dad lived in California and paid my mother directly CS. She and I lived in MI at the time, and one day, he got a letter, and had this whole nasty court case to deal with. They were going to take everything from him, and he had to pay some astronomical "back pay" amount, when he had been paying. The letter totally made it sound like my mother was taking him to court too! It was awful. My mother had NO IDEA what California was doing, had to actually fly out here and bring documentation to show that he paid, vs he did the same.
We're now dealing with a similar situation with SD. SD's BM is sooo naive and young. She signed up for Financial Aid, instead of just talking to us, and dropped DH name as father to SD... she's also pregnant with her second from her XBF now, but she doesn't know who's the father technically, because she ,um, apparently was dating two fellows. Nice huh? She was supposedly told that they, the state wasn't going to bring DH into it, nothing would happen, etc etc... but anyone knows dealing with this state, that ain't true. They go after EVERYONE for their money. I told DH that he should have gone through court years ago... and here we are today. Yep, at life grand.
This went back probably
This went back probably around 17 years I figured because his kids were 17 and 21. I really felt sorry for his wife, she was more then upset and was at our house very late drinking wine! But after her story I figured he payed her, but probably not the court amount each month. She said the ex would say oh were fine, or they would buy cars when the kids turned 16 and stuff like that. He really should have paid through the court, I didn't understand how a 45 year old guy could be so niave. Or he just thought it wouldn't catch up to him. I just saw her, and its really taken a toll on their finances. They went and got it adjusted but he's basically paying for two kids all over again. The lean is hardly comming off because she said it is aquiring interest?? Which I don't understand. How can there be interest to that?? Just sounds like a nighmare.
I suggested that she get a loan and just pay the damm thing/state of ca. Then pay the loan on those terms. Wouldn't that be the best choice?? She said they figured with the garnishments, her husband will never make that much of a dent and as far as she was concerned she'll never sell that home and just give it to the kids. Right now they moved to FL, and that house is being rented. So I'm wondering if he's trying to get out of paying the CS or what. She said she's put everything now in her name, and she's not going to let that B@%Ch get much more then what they can garnish. But since they moved so fast I think hes not going to pay the cs, but couldn't they have him arrested?
Every state is different...but NO
No..your dh will not be faced with backdated increased cs. If you were in Washington state, bm got a notice of decreased cs, appealed, dshs found that there were original errors and she should have been awarded increase, you will begin paying increased cs once it becomes an "order". Not backdated. You can start breathing now...:)
Just like everyone else who goes to work, no one likes to see errors pointed out in their work. In cases such as cs, I'm sure there is a review process to ensure all "i's" have been dotted, all "t's" have been crossed, so that mistakes don't go out the door. Secondly, cs calculations are generated by software, so the only way an error could have been made is if some one incorrectly key punched data. So..my advice...don't lose sleep over this. The original calculation is probably very accurate, and in the slight chance bm is correct...dh will pay once it is an order.
We experienced this a couple of years ago...bm wanted a review of cs, was expecting a huge increase, well, dh and I had a baby...and I took 6 months off of work to care for my newborn..etc..her cs was suppose to go down, however, it wasn't enough of a decrease for them to order it, so they left the original amount. She was getting like an extra $40.00 per month. I didn't really care...but she was super pist off, and then of course started playing the ridiculous games of "well ss doesn't want to see you.." Then 3 months later, ss came to live with us! Boy she was PARANOID about the amount of cs she was suppose to pay...she was incredibly nervous...she did not want to pay what dshs calculated for her. We totally cut her all the slack in the world, and asked $200 per month...which I felt for our situation was completely fair.
Don't worry Nise...all I'm sure is fine..
Child support increases during supervised visits?
Does anyone know if child support can be increased during court ordered supervised visitation while waiting for hearing on abuse charges? The charges were bogus from the beginning so now bm is ready to reconcile herself to the fact that the charges are going nowhere. She/we just spent thousands of dollars for nothing. So now she wants something for causing all of this trouble for five months. She says she is entitled to back cs since she had them full-time during that period. I thought it was a joke but after reading these cases I'm not so sure. I'm in Arizona.
Anyone have any experiences like this? (I hope not! lol)
Not legal expert..but this is what I understand...
cs is calculated based on the standard of living between the two parents income. If she has them over 51% of the time, meaning more than 20 days per month, she is entitled to the calculated cs based on what the two incomes are (in WA state, it is roughtly 11% of gross annual income of non-cus parent..ie. $50k/yr sal = $550 per month cs payment). If she had them less than 20 days per month, then they have another calculation for cs...and she would be entitled to less, or possibly none.
I assume that she is getting the full amount of cs, and dad has his kids every other weekend, when bogus charges aren't filed. If so, she is already being duly compensated for dad's portion of their living expenses (one thing I think some custodial parents forget, they are responsible for their proportionate expenses for their child/ren not just non-cus parents). One thing to remember is that visitation is a right, and a right non-custodial parents don't have to enforce. Say for instance if he just didn't want to see the kids, and never picked them up...that doesn't mean she is entitled to more money b/c she has them during his time. She is already getting the full amount of cs.
Also..when you go back to court..don't get your hopes up that you will recover legal fees for bogus charges. I've been so disappointed in this department..you really have to have hard core evidence, and sometimes judges just don't give a rats ass..
Example from my situation: Mom wanted to move 200 miles away to piss dad off, so she created a bogus job saying she was taking. Judge let her move for a job she never took, and we had to commute 83 miles one way every other weekend to see ss. We asked for transportation costs b/c child was born here, and we proved that the job was bogus...judge didn't care. We had to eat the expense if we wanted to see the child.
I'm not saying don't try to get your money back...I just want you to be aware of the disappointment you may face. I wish you the best, and I send you a hug to help you deal with all this flipping pain!!!
Bests,
Candice
If she had custody chances
If she had custody chances are she is entitled.....but can you counter with her paying your legal fees....even in civil court?
She was paid
She did get all of her normal amount of CS during that time. She wants ADDITIONAL for the days my DH didn't/couldn't have them as though she had full custody.
Believe me, I have strongly suggested to my DH that he counter with her paying his legal fees. But you know they do like to keep the peace, even when an idiot is tying to have you thrown in jail and basically ruin your life!
That's rediculous!!! It's
That's rediculous!!! It's like the courts are thier personal 'screw you over' tool...... She files bogus charges..then reaps monetary gain from the situation SHE created!!!
Guys don't understand fundamental female behaviour.....
Everytime she 'wins'..it makes her 'bolder'...not 'better'
She won't go away....by concedeing to her.....
Nail her a$$ to the wall...once you have her on the ropes...don't let up until she is 100% finished.....
Too bad lawyers cost so much money.........that's a huge part of the problem!! Hubby's x drove herself into bankruptcy trying to screw him over...when she was offered 50% of everything...she wanted it all!!! I think she was trying to drive him into bankruptcy...but it backfired......
I feel your frustration....