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  1. #1

    Default Can You Modify Arrears Based Upon a Recalculation of Support

    My question involves child support in the State of: California

    Went to court, and had the child support modification done to now reflect what I really make. But the information they have is incorrect for what the order was previously. I would like to see a judge and modify my arrears if possible(went from $5800 down to $3600). How do I go about doing that? The previous order was based off of me making approx. $1000 dollars more a month than what I actually make, and having the kids 2 days a month, instead of me having them what I actually do which is 12-13 days a month, plus her pay was almost double then, of what it is now. Child support is crushing me, and when I am at work (1st year pilot at a regional airline making $1800 a month), well, I am getting really sick of Ramen Noodles!

    P.S. Last thread I posted turned into a debate. I just want some advice please.

    Edit to add: The plot thickens. I finally got a hold of someone in payroll, and no wage assessment was ever done according to them to calculate my earnings. What do I do about that?

  2. #2
    Join Date
    May 2008
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    Louisville, KY
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    Default Re: Arrears Modification

    You won't get an arrears modification unless the court made an egregious error in setting up the support in the first place. You should have asked for a reassessment when things changed.

  3. #3
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    Officially across the country from where I've been all my life
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    Default Re: Arrears Modification

    Who is enforcing the order? If DCSS is, it'll take a while to get a wage assignment to your employer. In the meantime, make your payments directly to them (send them to the State Disbursement Unit - you can pay it online) or drop it off at your local child support office.

    They don't modify arrears to go further than the effective date of the modification. In other words, if you have been overpaying your support for a year and you waited to file for modification, then you're stuck with that year of overpayments.

  4. #4

    Default Re: Arrears Modification

    Quote Quoting CourtClerk
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    Who is enforcing the order? If DCSS is, it'll take a while to get a wage assignment to your employer. In the meantime, make your payments directly to them (send them to the State Disbursement Unit - you can pay it online) or drop it off at your local child support office.

    They don't modify arrears to go further than the effective date of the modification. In other words, if you have been overpaying your support for a year and you waited to file for modification, then you're stuck with that year of overpayments.
    But as far as I can tell so far, they had no information to go off of to calculate my earnings. How do I find out how they did that. My employer has no record of them asking for any kind of income. The only thing there is proof of is a wage garnishment, and verification of employment. No wage assessment. Like they pulled it out of thin air or got it from my children's mother.

  5. #5
    Join Date
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    Officially across the country from where I've been all my life
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    Default Re: Arrears Modification

    Quote Quoting superhawkmike
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    But as far as I can tell so far, they had no information to go off of to calculate my earnings. How do I find out how they did that. My employer has no record of them asking for any kind of income. The only thing there is proof of is a wage garnishment, and verification of employment. No wage assessment. Like they pulled it out of thin air or got it from my children's mother.
    They don't need to contact your employer. They use the EDD database

  6. #6
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    Default Re: Arrears Modification

    Well weren't you at the hearing? Didn't you answer any questions or submit any documents? If not, they probably went by your known previous earnings, or they imputed you a reasonable income for your education/work experience.

  7. #7

    Default Re: Arrears Modification

    Quote Quoting mmmagique
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    Well weren't you at the hearing? Didn't you answer any questions or submit any documents? If not, they probably went by your known previous earnings, or they imputed you a reasonable income for your education/work experience.

    No. I was in training for my job when this started. They sent the paperwork for me to show up to the hotel I stayed at, and I never knew a judgment had been entered until my employer sent me a letter that they were going to garnish my wages. By the time thebpaper work got there, I was already back home, and I think the paperwork arrived there asnI was headed back home. They say that they have records of who I was working for, but won't produce them to me because,they are "confidential." I think that's total B.S. because it's not only info about me, but it effects me as well. Neither of the companies I worked for last year total out to what the amount they say I was making is. And I never received any proof of service for this.

    How/what paperwork do I file for this. I had an attorney, but he was horrible and clueless. I spent all my savings on him to get what I could have done myself. I want copies of how the figured my income, and how do I dispute the arrears. I would like to impute her income as well, but have been told I can't. She has decided to go back to school, and hasn't worked in about 6 months. I have saved her text messages that she "has decided to go back to school and collect unemployment." So I am basically supporting her to go back to school. I have a great relationship with my kodsm. I commute across the country a few times a month to see them as many days as I have off. It's not easy, but my daughter is very young, my son is in 1st grade, so it's really important I be home as much as possible. But I can't survive on what I make. The pay will get considerably better as the years go on, so will the time off. But I need to pay my dues for a while.

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