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Child Support Amount is Based on Old Job

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  • 08-11-2010, 06:45 PM
    erasurecoffee
    Child Support Amount is Based on Old Job
    My question involves child support in the State of: Maryland
    Previously paid 800 a month to noncustodial parent in Maryland based on a job paying approx 60k.
    Now after one year of being laid off and difficulty finding a full-time job, the new job is only paying approx 20k a yr
    Hearing with judge in state of MD was just set for 800 a month. additionally, arrears of 8k also added on for the months unemployed.
    the new job was all that was found after a year of trying to keep head above water. Without using a lawyer (due to financial constraints) what is the best route to get this adjusted.
    Visit to the child support office in GA was met with a lot of attitude and no assistance on what to do.
    take home alone after taxes and deductions is on average approx 375 a week. By the way, still sending in applications for better paying but until then, any help would be appreciated.
  • 08-11-2010, 06:56 PM
    Dogmatique
    Re: Ch Support to Md is Based on Old Job
    You need to petition the court to modify the current order based upon your involuntary unemployment.

    I'm not sure why GA is involved (is that where the order originated?) but either way you can call the court-house - not CSE - and they can direct you to which forms you need to file to modify.

    Many local courts have great 'self help' centers, and quite often you can find forms online .
  • 08-11-2010, 07:14 PM
    erasurecoffee
    Re: Ch Support to Md is Based on Old Job
    GA is where noncustodial parent resides and custodial parent and child are in MD. the hearing was via phone with judge in MD. A decision was determined a month later with the amount of 800 a month even though there was a yr of unemployment and new full time job pays a third of what the old full time job paid. it makes no sense.
  • 08-11-2010, 07:16 PM
    Dogmatique
    Re: Ch Support to Md is Based on Old Job
    Ah..so this is a recent order?

    Then chances are you are too early to modify, and it seems CS has been set to reflect your potential earnings.
  • 08-11-2010, 07:27 PM
    erasurecoffee
    Re: Ch Support to Md is Based on Old Job
    thanks for your quick response. any idea as to when i can apply for a modification? i went to the MD child support website and I cant even find the forms required. Very stressful.
  • 08-11-2010, 07:32 PM
    Dogmatique
    Re: Ch Support to Md is Based on Old Job
    Please clarify something for me?

    When exactly was the order made?
  • 08-12-2010, 04:10 AM
    Sotiris
    Re: Ch Support to Md is Based on Old Job
    The MD child support agency website includes the Motion to Modify under Domestic Relations Forms. The court did not review the case for modification at the last hearing because no motion was filed.
  • 08-12-2010, 05:00 PM
    erasurecoffee
    Re: Ch Support to Md is Based on Old Job
    Quote:

    Quoting Dogmatique
    View Post
    Please clarify something for me?

    When exactly was the order made?

    order made in July 2010
  • 08-12-2010, 05:10 PM
    Dogmatique
    Re: Ch Support to Md is Based on Old Job
    Oh dear. If you are to have any chance at appealing the order (with it being so very recent), you're really going to need an attorney specially since the order was made based on you being imputed a "potential" income.

    That's very difficult to appeal and there is only a very short window of time in which you can appeal.

    Usually unless there is a change in circumstances - and in your instance there has been no change since the order was made (it was made with your current circumstances taken into consideration) - you're barred from trying to modify for at least a year.

    In some jurisdictions, it's 3 years.
  • 08-12-2010, 05:22 PM
    erasurecoffee
    Re: Child Support Amount is Based on Old Job
    here is nore info... custodial parent was in NJ and moved to MD. NJ said i cant file there since no one lived there and MD said i could not til she files. so did Ga. She filed then had the hearing to modify it, then they said wait. I get served papers from Ga saying i have to pay. Ga also told me it would take 6 to 9 months when i tried to file. But when she did it was done in 6 weeks!
  • 08-12-2010, 05:25 PM
    Dogmatique
    Re: Child Support Amount is Based on Old Job
    But you were served, correct?

    What evidence did you show the court that you're involuntarily unemployed?
  • 08-12-2010, 05:56 PM
    erasurecoffee
    Re: Child Support Amount is Based on Old Job
    was laid off from business industry in May 2009. had a prt-time retail job to bring something in while applying and interviewing for jobs in my field. decided to try another field (education/social services). Without proper credentials, I was unable to make what I made before in my previous job. Hence the reduction in income. With things being in 2 states, I feel like I am given the runaround. Attorneys cost money as well but with the financial circumstances, I can not afford to pay an attorney while paying this child support amount.
    this was mentioned in the hearing. I had to wait until the noncustodial parent filed (why I do not know)
  • 08-12-2010, 06:22 PM
    Dogmatique
    Re: Child Support Amount is Based on Old Job
    You could have (and should have, although hindsight is 20/20 vision) filed pro se to modify based on your reduced income.

    At this point? Honestly, I'm sorry, but you're likely too late to modify and you may have trouble appealing within the correct time frame without an attorney.
  • 08-12-2010, 06:48 PM
    erasurecoffee
    Re: Child Support Amount is Based on Old Job
    thank u for your help.
  • 08-12-2010, 06:54 PM
    Dogmatique
    Re: Child Support Amount is Based on Old Job
    You're welcome. I'm sorry I couldn't give you better news.

    Perhaps if you keep checking back, someone else can come up with a different course of action.
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