General Kansas Child Support Discussions > General Discussions
Impact on Child Support, when Payee is going out of JOB
stiwary2002:
I have Shared Parenting Time with Kids after Mediation/Case Management/Supervision by Social Worker/Co-Parent/Family Counselling/GAL.
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My kids are 16+ and 15+.
Currenly I am paying Child Support to My EX to cover ALL direct expenses.
I am also supposed to Pay Health Insurance to my kids.
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I have got a message from my current employer that my contract is going to expire on Dec31--2016 so looks like I may be out of job for some time.
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My question:
(1) What are the chances that my current Obligations will be waived off until I have another JOB.
(2) What if I get less paying JOB than will Child support and HEalth Insurance Obligations will be re-calculated?
Thanks for any feedback you can offer.
stiwary2002:
Can I request to please help me on my question?
Thanks in advance,
Best regards,
Guru:
The issue you have is not uncommon at all. Parents lose jobs and insurance costs change all the time. How this will be handled for you will depend heavily on where you live and what judge you have. The only information I can offer you is my own experience and what I've heard. I would highly recommend you take advantage of an attorney referral service through your local bar association or through the KS bar association. Those services are setup to get you in contact with an attorney to answer your questions for a minimal fee. In my area the cost is $20 for a 30 min telephone conversation with an attorney. You ask the questions and the attorney will answer them. Your questions here are perfect for that forum because they depend on how the judge "typically" rules.
Usually when income changes a parent must first show they are actively seeking work or that they involuntarily lost their job. If that is not shown, the judge can impute your wages from your previous job just as if you made the same income. Personally, I don't believe its a very smart thing to do, but that's what judges are allowed to do by the guidelines. The worst that can happen is they deny your request or tell you to check back after you've searched for work for a few months. If your new job makes a lower wage, the new, lower, wage should be used to calculate child support.
If I were in your shoes here's what I would do. Assuming you are trying to find a new job right now and don't end up finding one by Jan 2nd. First, prepare your motion and child support worksheet assuming your new expenses and your loss of income. You may have to pay cobra insurance costs or you may look to Obamacare. You should use minimum wage as your income. After your job does indeed terminate your contract, file your motion to decrease child support. What this does is leaves a paper trail that you need relief because your expenses have changed by more than 10% (that is a requirement to motion for change of child support).
If you do get a job that starts on Jan 2nd, you should prepare your motion have have it heard very soon after you start your new job. Use your new income and insurance costs.
Please keep this in mind - KS law was changed (http://kslegislature.org/li/b2015_16/statute/023_000_0000_chapter/023_030_0000_article/023_030_0005_section/023_030_0005_k/) so that a motion to change child support will only become effective the first day of the month following a motion to change. So, if your motion is filed the 2nd of January or the 30th of January, it will not be effective until Feb 1st. This may take some of the pressure off to quickly file. You will essentially have the month of January to do it.
stiwary2002:
Thank you for your reply.
I am applying lot of places by eMail and/or on-line.
So do i need tot ake the print out of those eMail in the court to prove that i have been applying for long time and still no luck. What sort of evidences i can prove them.
Also what are odds that Judge will do the adjustment, i just want to get a feeling here.
Thank you again for your reply.
Also i request others to share their experience, if they can.
Guru:
I think it would be sufficient proof that you've been looking for work if you simply provide a few applications and things like that. You should redact any personal info other than your name because some of it may become public record. Protect yourself.
I think if your income has dropped for more than 30-60 days and you've been unsuccessful at finding work, the judge would have no choice but to grant you a decrease in support. He will likely warn you that when you get work, you have an obligation to tell the other parent (and you should). Expect to be right back in court to increase support when that occurs. So, I think your chances are very good if your argument and reason is sound.
It will cost you a $50 filing fee or something like that. Motions to change child support are hit with a fee usually. I guess this is to deter people from changing all the time. You can file your own motion, but you will need to include the appropriate paperwork. If you'll be doing this yourself, let me know and I can share with you the things you will need. Otherwise the court may throw your motion out.
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