Re: Consent Order Entered Without Consent
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Kds1368
I do need child support for our children right now. And I get what you mean by her arguing to have it deducted. However, if the recommendation becomes the new order, I no longer have an arrearage for the first half of the calculation, I have overpaid. She would have an arrearage for the second half of the calculation. The FOC recommendation spells all of that out. My overage of payment gets flipped over as an arrearage to her, plus what she owes. At that point, she would owe her normal small amount of child support for our kids plus whatever amount the enforcement division decides she needs to pay toward the arrearage. This is not about being punitive. It is about providing for our children.
For the record, I had worked one, sometimes two, jobs since I was about 13. I have never been behind in paying or asked to have it reduced.
The only reason this happened is disability related. Mom has also always worked and makes a very good income. I am not trying to make the woman destitute, just get some much needed help with caring for our kids.
Child support is generally not reduced retroactively. It can be increased retroactively back to the date of filing, but I personally have never seen a case where it was reduced retroactively. That may happen sometimes but I haven't seen it. I have seen many people petition for new support orders to be deducted from prior arrearages owed by the other parent and have seen that ordered by judges many times.
In any case, I cannot see you getting any immediate help based on what has happened so far. Are you getting food stamps? If you have not applied for them, at least for yourself, you should.
Re: Consent Order Entered Without Consent
I know this is a convoluted mess. It would not be retroactive except to the date of filing. The motion to recalculate child support was filed in April 2016. There were multiple delays by my ex. It finally went before a FOC Referee in November 2016, one year ago. The referee took quite a while with her recommendation due to the fact I lost the ability to work in May 2016. From May 2016 until November 2016, even though I was not working, I was receiving long term sick pay at my full pay rate. I obviously continued to pay child support, even though I was not able to work. The referee calculated the new child support amount in two phases, due to the situation. The first segment reduced my child support based on my pay when I was still receiving a bi-weekly check from my employer. It was reduced due to increased income for my ex; one child no longer qualifying for childcare expenses; and our oldest child being an adult. The second segment was calculated using my ex's actual income and giving me zero income because it can't be imputed if a person is not able to work for health reasons. Because the recommendation has not become the new Order, due to objections and multiple delays, it still shows that I am growing in arrears at the rate of the current Order, which is waiting to be replaced by the referee recommendation. The judge stated at our last hearing that it was his intent to put it in place until I received a determination on my SSDI claim. All I know is that after the hearing, both attorneys went into the judge's clerk's office together and there was never a new order. The Judge was still hearing cases at that time in his courtroom, so I am guessing the two attorneys worked out something between them. I asked my attorney when I should expect to see the new order, but she stopped responding to my emails and wouldn't return my calls for about three weeks. That is when she emailed me back and said that she and the other attorney had decided to just "put things on hold for now." Then came the consent order that I never consented to. And here I am, still waiting for the new child support order 20 months after it was filed initially. SSDI can take a while, especially if I end up needing to appeal, so we could be looking at 3+ years at that point since initial filing. At which point, three years have elsapsed and the whole process can start over.
As for food stamps, they are pending. My wife was working and add too much to qualify by about $50/month. We have lost our second vehicle and are on the verge of losing our home.