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CS review- through caseworker or judge?

zerostepdrama's picture

Ok ladies I need your advice.

CS was re-evaluated last year for the 3 year review. Of course it went up because DH had gotten a raise in those 3 years. Of course BM hasnt had an increase in income...but whatevs.

Well MSD dropped off in May so legally it is BM's right to request another modification request since MSD dropped off. Even though CS was adjusted accordingly when MSD dropped off. (DH owes some arrears, long story and not due to non payment)

In the past year, DH has gotten a $2p/h raise.

I'm pretty sure that BM has not gotten a raise or any increase in her income.

DH can deny the request and let it go to the judge.

Not sure if this is a good thing or a bad thing. We dont want the judge to look at it like DH is trying to avoid his CS obligations. However BM did collect funds for MSD when she was 18, not in school and not living with her. Without getting a lawyer and filing a motion for review, THIS may be the only time DH can bring it up in court.

It may work and the judge may look at BM and see what a greedy bitch she is. Or it may backfire.

Either way, whether he goes through the courts or just does it through the case worker, a modification/review will happen.

Going to the judge will give a judge a chance to look over everything, but the judge may not even care at this point that BM collected money for MSD. It may still all be legal and on the up and up, since she was never officially withdrawn from school.

If he goes to the judge, he is taking a gamble in that the judge will address the issue of CS involving MSD.

I dont think he has anything to loose per say by taking it to the judge. If there is going to be an increase, there is going to be one- wheteher its done by the caseworker or by the judge.

For my own CS, I have never had to go to the judge. So I have no idea what to expect. Obviously each case and situation and judge is different. But just to get a general idea of what to maybe expect or personal experiences- going in front of the judge.



StepX2's picture

Sorry I can't help but I wouldn't totally dismiss the MSD school issue.

"but the judge may not even care at this point that BM collected money for MSD. It may still all be legal and on the up and up, since she was never officially withdrawn from school."

Even though MSD was still enrolled, have your DH get her attendance records and give those to the court. Your DH does have a right to an explanation of why MSD wasn't attending.

Teas83's picture

I'd take it to the judge to have him/her see that your DH was paying CS for a child that was over 18 and not in school full time. Does he have proof that she wasn't attending school?

It sounds like he doesn't have anything to lose. The worst that can happen is that his CS will go up, which will happen whether a judge sees the case or not. You might as well present the wrong-doings of the BM while you have the chance.

twoviewpoints's picture

I'm not sure if DH takes the review to court, that the judge would even hear the MSD case. Technically it's a closed totally separate case and not a part of the current review. Consult with a lawyer before just assuming if you do this in court instead of caseworker that the judge will look at both cases. I think you may have to do the MSD thing as it's own case and any winnings on that one would be applied to the arrears as a credit, not credited to what will be ordered in CS to current minor.

The current review may only allow what involves strictly to what DH would need to pay as CS going forth for the remaining child and the judge may only hear info pertinent to the scheduled purpose of the hearing. The MSD stuff is an attempt to recoup overpaid CS from a matter that has already been closed

zerostepdrama's picture

Yes agree with everything you said.

We dont have money for a lawyer right now, at least not for this issue. It wouldnt be worth it.

If anything its worth a shot to see if he will even hear the issue. If not, we tried and that will be our last resort and will move on from it.