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Child Support Modification hearing

Nala's picture

Has anyone done this? I don't necessarily want a modification hearing, but rather just an enforcement of our agreement. Unfortunately there is some gray to the wording of the agreement so the Dept of Social Svcs won't go after arrearages unless there is a modification hearing. I'd rather just go to small claims court to collect rather than modify at this point (youngest will be 18 this summer and CS will stop). Anyone have experience with this? Is small claims court an option instead?

yolo222's picture

I did it along time ago through child support enforcement services because I had a huge arrearage. They took care of everything for me basically and they kept track of the amounts being paid which is nice. The only issue is u can't get blood from a stone. Turned out I would get an extra $10 a week on an arrearage over 15 thousand dollars. But it was ordered. You can also get any tax returns that your ex may have been entitled to until the amount is paid off.

Rags's picture

Our CO stipulated that each party would pay half of any medical costs not covered by insurance. Over the 16 years of our CO the DipShitIot ended up owing more than $10K for his half of uncovered med expenses. Our attorney advised us to invoice them regularly and add penalties and interest in line with what the IRS penalizes for late tax payment. So now 22 years later the invoice is up to $14K and counting.

Eventually we will likely just stop invoicing or... if I get a case of the ass we may drag the SpermClan to court.

It depends on if SpermIdiot steps on his own dick hard enough.

Acratopotes's picture

}:) I would keep on invoicing - day kid gets married I will sue his ass off for the money and use it to pay for the wedding lol... or honeymoon....

yes I'm that evil Wink

Rags's picture

Great idea! Of course I will not tell the kid where the money came from. As far as he will know... it came from his mom and I. Wink

Rags's picture

He would feel ambushed only if he did not read the CO. If he did not read the CO then he is either an idiot or purposely avoiding his responsibilities.

This is exactly what we had to deal with for our 16 year CO. CS was paid though not by the SpermIdiot and medical expenses were completely ignored though regular sent. The family court lost its balls and would not nail their toothless moron asses to the wall for the medical element and recommended that we pursue collection of the the medical elements in small claims court.

We are considering putting leans on the SpermIdiot's property. That should be a nice holiday surprise. }:) }:) }:)

z3girl's picture

This is what is coming back to haunt BM and SD now that SD is an "adult". DH was ordered to pay 65% of college and pro-rated CS until SD graduated from college, and even then it was continued until the end of that year. When DH asked for it to end at the time of his filing, the judge said no, and had to continue CS to the end of the year.

I say it is "haunting" them now because DH has completely cut off SD and BM financially. They still ask for money, but DH refuses. BM now completely funds SD's life (apartment, new car, grad school, vacations...) Funny how BM now has the money to do it, but cried she was broke when taking DH to court to increase what DH had to pay for college. (was originally 50/50, but BM wasn't happy with that, and court agreed.)

SD is now 25 and completely unable to support herself. She will soon have 2 degrees, but still lives off her mother. Maybe she might have been forced to grow up if the court didn't insist DH keep supporting an adult. It would have been nice if she would have been required to maintain a real relationship with her father for him to pay a fair share of college expenses. Maybe she would have appreciated it more.

I have to wonder if SD would have launched more successfully if they hadn't divorced and the court was involved in financial decisions.

Rags's picture

Because that is what the CO says. In our case the CO ended CS when SS finished HS or turned 18 whichever was later. Unless... SS was a full time student in good standing with his college/university. In that case SS would have continued until SS turned 22. The only change being that on his 18th birthday CS would cease going to his mom and would go directly to SS.

I tried hard to get him to keep nailing his SpermIdiot for CS and go to college but he wouldn't. I can't help but think that part of the reason SS did not go straight to college out of HS is that the SpermClan guilted him into not continuing to nail them for CS. Not a problem, he went into the USAF and after BMT they immediately sent him to school and he could have nailed the SpermClan for CS. Still he would not do it. He is a far better man that I. I would have nailed the toothless morons for every penny possible and used the money to significantly augment my newly enlisted Airman income.

Lucky for them... I was not the Skid.

WalkOnBy's picture

Small claims court is not an option. SMC is typically for small civil disputes. If you have a support order, it was issued by and controlled by your district's family court division.

Child support is overseen by your state, not the Department of Social Services.

twoviewpoints's picture

Some states (example, Missouri) use the title for their state agency division with various services given to their citizens. CS falls into this category along with services like food stamps in some states .

Yeah, I had to google because I was thinking 'what is OP talking about' . My own state now has child support under HFS (Il dept Of healthcare and family services)

WalkOnBy's picture

I was thinking more of the federal DSS, but I stand corrected, at least in Missouri.

My advice is still valid - small claims court is not proper venue and whatever department that oversees support is the proper venue Smile

WalkOnBy's picture

Right? I could go with you.

We could make a day of it - a little shopping, a little wine, some large claims court fun!!

Nala's picture

Thank you everyone for your input on this topic. I'm satisfied with the agreement that we both signed, but there is gray area where it comes to the wording regarding insurance premium reimbursement. I have emails between our attorneys that spell out my position so clearly, but unfortunately it wasn't written into the official court document clearly so DSS won't enforce it until a judge rules. As I said earlier , youngest will turn 18 this summer, so I'd like to get ahead of this, if I'm going to do anything about it.

Ex's ran far far away with his affair partner who isn't much older than our oldest child. I like the peace and quiet his distance offers, so am not certain if it's worth poking the bear. Part of it is principle for me, however..just because the guy ran away from his life, does not mean that our kids should go without what we would have provided them had we stayed an intact family.