Filed Petition to Modification of Child Support.

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Filed Petition to Modification of Child Support.

Unread postby JD421 » Thu Mar 30, 2017 1:59 pm

Here are the basics.
State- FL
Divorced- 2010
One child.

During our marriage we took out a second mortgage on my house to remodel her house, we both signed for the loan. When we divorced I wasn't sure if she was going to file for bankruptcy and stick me with the note. Since the monthly note and my child support was practically the same ($601 - $630) I recommended paying the note ($601) in lou of direct child support and she agreed. Fast forward to today, I have had two different attorneys plug in our current salary's and timesharing numbers to the state child support website and both came out with me now paying $220 rather than the $601 I'm currently paying.

Her income has almost doubled, mine has not changed.

My timesharing has increased from 12 weeks per year to EOW, half of the holidays and half the summer.

She has my son on her insurance but we split all medical, dental 50/50.

My concerns are the following-
The ex has a full-time job (optometrist) and she's paid as 1099. She also has a part-time job (Rodan & Fields skin care products) that she also is paid as a 1099. I've expressed my concerns to my attorney that she will try to hide her income. He has stressed to me that what she does with her money is no concern to the state they only care what her income is and her 1099 and tax returns will show that.

Thanks.
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Re: Filed Petition to Modification of Child Support.

Unread postby gamingdad » Thu Mar 30, 2017 3:28 pm

You might be on the hook for CS if paid directly to her and not through the agency.
If you end up at $200 what happens to the other $400 needed for the note?
READ YOUR PAPERWORK BEFORE SIGNING! IF YOU HAVE QUESTIONS, ASK!
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Re: Filed Petition to Modification of Child Support.

Unread postby JD421 » Thu Mar 30, 2017 4:03 pm

Explain what you mean by I might be on the hook if paid directly to hear? I'm trying to figure out any possible ways the ex can manipulate her gross pay? The way it's worded in my original court order I will most likely be paying that note long after S7 turns 18.

The outcome I'm looking for is.

1. If the state worksheet is accurate I should be lowering my CS from $601 to $220 +/-

2. Pay my new cS amount directly to the state.

3. I'm filling ch7 and want to include the note after the CS hearing is finished.
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Re: Filed Petition to Modification of Child Support.

Unread postby RockyCali » Thu Mar 30, 2017 6:07 pm

I think you need to settle down. The courts don't want to hear allegations or suppositions that the other parent is manipulating the numbers. If you stumble across proof sometime, and it's real egregious, then make a decision. But the courts are really, really used to these types of accusations. Not only do they not get any traction, but they weaken your stance. Is a couple hundred a month gonna break you? I don't ask that pejoratively, I mean it. Maybe get a part-time job for awhile to make ends meet, but don't go through the stress of wasting the court's time with a squabble like this.

There are a few reasons why it's considered acceptable to request a support review, including:
1) significant change in circumstances
2) an elapsed time period since the last review (in CA it's 35 months, I believe)

Does your case satisfy either of these?

FWIW, I'm also filing Chapter 7. I've become a Google Scholar maven on the topic of DSO's (domestic support obligations). Basically any money that is spent on any kind of child or spousal support case, be it attorney fees, actual support, etc., is completely exempt from discharge in a bankruptcy filing. If you're looking to discharge any debt that smacks of anything remotely close to this, neither the bankruptcy court nor the family law court will be impressed.

If you want to look, research the following at Google Scholar:
§ 523(a)(5)
§ 523(a)(15)

She likely can request support payments at any time, so you might just want to leave well enough alone here. The good taxpayers of Florida, like in other states, have agreed that it's in children's best interest to ensure their provision when families in their state cannot stay married. On the books, you have not been paying any child support. Numerically, it may even out with the note (even on that you skimped by paying $29 less than what child support was, though). I'll let FL experts weigh in, but she can probably go request CS whenever she pleases. Also, you aren't going to be able to go redivide the $601 note as a marital asset. That ship sailed years ago.

Here's what you need to do:
  1. create a break-even analysis to find out how much you'll be "saving" per month if everything worked out the way you think it will
  2. tell yourself "I'm not going to get everything I ask for"
  3. realize that chasing your ex for perceived tax evasion is a common ploy, and really gets you nowhere (perhaps backward)
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Re: Filed Petition to Modification of Child Support.

Unread postby astrolink » Thu Mar 30, 2017 8:00 pm

You could run into problems with paying the note instead of child support. Did you by chance write something like "child support payment," or "payment in lieu of child support" in the memo of each check since 2010?
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Re: Filed Petition to Modification of Child Support.

Unread postby JD421 » Thu Mar 30, 2017 8:25 pm

I'm not bringing anything to the court's attention I'm just trying to figure out for myself what the courts look at during a CS mod. Do they only look at gross income, day care, child medical care? Or is there more?

Yes I do meet the "Substantial change of circumstances since entry of the final judgments (back in 2010)
A) Former wife's income has increased significantly
B) Fathers timesharing has increased.

Why would she request child support? I'm not asking to stop paying child support I'm asking to modify my child support in accordance with Florida child support guidlines with the present change of circumstances. $300-$400 savings per month is a substantial savings for me and according to the Florida guidelines those numbers are pretty acurate. All filings are due today so after I get her financial affidavit early next week from my attorney I should have the final numbers to work with.

I think mixing the note and child support modification is confusing the thread so I'll stick with simply child support modification. All of my discharges are personal, house, note, credit card and a few medical bills.
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Re: Filed Petition to Modification of Child Support.

Unread postby JD421 » Thu Mar 30, 2017 9:01 pm

astrolink wrote:You could run into problems with paying the note instead of child support. Did you by chance write something like "child support payment," or "payment in lieu of child support" in the memo of each check since 2010?


I pay the note online each month. The wording in our original decree in 2010 reads " Pursuant to the child support guidlines, the father owes to the mother the sum of $645.00per month child support. As set forth in the equitable distribution below, the mother owes the father the sum of $601.00 for the home equity line with XXXX (bank) which currently encumbers the fathers pre-martial property and the parties agree that the sum of $71,000.00 was utilized to renovate the mothers pre-maritail property. Due to the somewhat equal nature of the obligations, the parties agree that the father will pay the child support payments each month to the equity line so as to satify the mothers obligation to the father."
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Re: Filed Petition to Modification of Child Support.

Unread postby RockyCali » Thu Mar 30, 2017 11:31 pm

JD421 wrote:The wording in our original decree in 2010 reads [...]

That makes sense. A detail that either I skimmed over or was omitted in the original post.

I still think that the breakeven analysis needs to be considered. If you're going to save $300 a month, and it's a process that would be contested and cost you $10,000, is this going to be worth a protracted process that would take nearly 3 years to see a break-even point?

You know the details best -- just trying to offer some pointers.
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Re: Filed Petition to Modification of Child Support.

Unread postby Chaos » Thu Mar 30, 2017 11:48 pm

I don't understand why you don't just file bankruptcy, since you're planning to anyway, and let her file for a child support mod if that's what she wants to do.
If you can't be a good example, you'll just have to serve as a horrible warning.
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Re: Filed Petition to Modification of Child Support.

Unread postby astrolink » Thu Mar 30, 2017 11:49 pm

[quote="JDo they only look at gross income, day care, child medical care? Or is there more?[/quote]

If you simply google your question with your state you will get the answer.
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