General Kansas Child Support Discussions > General Discussions

State modifying CS?

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monica2628:
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. 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. WHAT!?!? 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 on here and it said that child support wouldn't change!

I just feel so helpless. Any advice would be greatly appreciated!

jeepster1966:
I'm not sure about VA income.  A friend of mine who also moved out of state said they took quite a bit of his VA check.  I saw somewhere on this forum that they can only take a certain amount from a check tho.

I don't know what all you've tried, but I doubt hiring an attorney would help but it would probably cost you a lot.  Attorneys have to practice in their state.  If the dad moved out of state, I think that state is supposed to enforce the child support order.  Maybe try getting ahold of MO.

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