The State is Seeking to Reduce Child Support

My question involves child support in the State of: Kansas with NC parent in Missouri

Hi all.

I am hoping you could give me some advice. Here is the situation:

I am custodial parent. Non-custodial parent has not talked to, seen, or requested to see our daughter in 3 years. She just turned 10. NC parent is set to pay $338/mo since June 2009. He has been current less than a handful of times over the last 6 years. He is over $10,300 in arrears and has not made a single payment in a full year. I have a IV-D case, only bc he lives in MO. He did not show up to the last court case in Oct 2014 and he has an active KS arrest warrant. As far as I know he does not have a job, but he does receive $1334/mo of VA disability.

About 2 months ago I inquired about raising the amount of arrears that were to withhold, IF an income withholding order were to ever be set again. Previously, it was set at $101, so a total of $439. About 2 weeks later I received docs from KS child support services asking for all my income info, ect to look into modifying child support. I sent them in a week later and also included a few letters that stated what he was receiving monthly from VA as well as a request for a parenting time adjustment for non-exercise of parenting time. When I called in a month later I was told that they had received my docs, but had not received his and that a letter would be sent out to him if they were not received soon and if they still weren't received then it would be dropped due to not receiving his info.

I called today to get an update, as the "case worker" had told me during that last call that he would set it up for enforcement and check with MO on the same thing. However, the lady I spoke with told me that just 4 days after that last call, the modification case was reviewed and submitted to be lowered to $256! AND that they never received any of his paperwork!!! Not to mention, there were NO notes about any kind of enforcement review. But the thing is, I don't make much more than I did when it was set, and he didn't have a job so it was set at min. wage. She said this worksheet was also done at min. wage, however that is LESS than what he is getting from VA! I am shocked and so upset. They have set the modification hearing for the end of the month and I will surely be there to fight my case.

I really just don't know what to do. I feel like KS is helping him instead of helping me! Although I know there is no way I could afford it, would hiring an attorney even be worth it for this hearing?? Any other suggestions on knowledge that I should come stocked up with?? I am a very savvy girl and did my homework before sending in the DRA and income docs. I even did one of the free child support worksheets available online and it said that child support wouldn't change (there was not a valid change).

I just feel so helpless and I know that this is certainly not in the best interest of our child. Any advice would be greatly appreciated!

Please clarify - you inquired about getting the arrears amount raised, correct? Not the current obligation?

What information did you provide about your ex's income? It's possible that, with his failure to respond, the modification is being based upon the uncontested information that you submitted.

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Quoting Dogmatique

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Please clarify - you inquired about getting the arrears amount raised, correct? Not the current obligation?

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100% correct! I never said a word about having the actual order modified. I only inquired about how to go about getting the amount of arrears raised on an income-withholding order (as that is the only place I have seen the arrearage assigned a $$$ amount).

Plus, to be honest, I knew I had more income than what the current order was set at (but again, not by a whole lot), and I knew he still wouldn't claim to have any income, so I didn't even want to think about a modification for fear that the order would go down. But once I got the mod. paperwork, and I did my homework, I figured there wasn't a change of circumstance to actually take it to a judge.

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Quoting Mr. Knowitall

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What information did you provide about your ex's income? It's possible that, with his failure to respond, the modification is being based upon the uncontested information that you submitted.

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All I provided was a letter written by me stating that he is receiving $1334/mo in VA disability payments. However, the person whom I last talked to at the support center told me that the CS Worksheet was done at min. wage. Which is only $1256/mo.

The difference that $80 makes would make is likely inconsequential.

So would getting a limited scope attorney just for this modification hearing even help? I know I can argue that the VA disability amount should be used for the calculations and I will certainly bring up the fact that I never requested a review to modify or the modification itself.

Also, does anyone know how they calculate health insurance premiums? Would the amount that I pay be divided by how many people are on the plan, which includes my daughter? Health insurance is free for just myself, but I've always had my daughter on my plan, which is a $350/mo difference. Last year I added another daughter to the same plan. The premium does not change no matter how many children are added. So would they just divide that $350/mo premium in half for the CS calculation?

I still don't understand why they would help him by lowering the amount. He has made it abundantly clear that he won't make any kind of payments, no matter what the order is. So why help him???

You can use this worksheet to estimate support.

If your health insurance premium covers two children, it would be reasonable for the amount to be allocated equally between the two children. I don't see a special rule or statute that defines allocation of insurance premiums.

You asked for a review of support. You are getting a review of support. There is no promise to somebody seeking a review that modification will only occur if the support obligation increases.

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Quoting Mr. Knowitall

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You can use this worksheet to estimate support.

You asked for a review of support. You are getting a review of support. There is no promise to somebody seeking a review that modification will only occur if the support obligation increases.

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Unfortunately I didn't ask for a review of the support. I simply inquired about how they go about raising the arrears amount added to the support. The arrears amount is no where in an order, which is why I was inquiring about how it works.

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Quoting monica2628

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Unfortunately I didn't ask for a review of the support. I simply inquired about how they go about raising the arrears amount added to the support. The arrears amount is no where in an order, which is why I was inquiring about how it works.

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Wordplay isn't going to help you. They responded, and you chose to go ahead. Not their fault.