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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by Guru on July 05, 2017, 04:24:09 PM »
I feel like the QDRO is getting more into a question about division of assets.  This is something I'm not all that knowledgeable on.  Maybe someone else can weigh in on this topic and help us out. 
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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by stiwary2002 on June 20, 2017, 08:46:43 PM »
Thank you Guru for your reply.

I am not Pro Se but I have the same Junior Fixed Cost Attorney from the day one. He is not a warrior but I like him due to the cost and his bargaining ability.

Somehow this new attorney of her is very mean and lier and hence not able to tune these two attorneys.

Any way My only plus point from day one is that I have been honest and this is how I got EQUAL time with my kids.

It is just three more years for me.

Regarding 401K this is her money but she NEVER signed the QDRO document and never returned back to me and hence she never got this money. QDRO document was handed over to her in the court in May'2014.  Now new attorney is showing bully for this money.

So my question is that is there any clause that says you did not sign the document so no money for you.
I know it is funny but I want to give hard time.


So
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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by Guru on June 09, 2017, 10:18:14 PM »
I think the reason the judge ultimately agreed to the continuance is because the other attorney is still seeking discovery.  There has not been a ruling on the discovery until now.  Most judges will grant a continuance for discovery every single time.  This attorney can ask for all kinds of things every time if they are just seeking discovery.


While you are being compliant in not objecting to the continuance, you have essentially now given your bank statements away.  What I would do it start working on a "request for production" to request her bank records for the past year.  At the next hearing, you then ask for a continuance since you have now also filed for discovery and have not received that.  It's a 30 day process.  Take a look at a chapter 60 of statutes for procedure for discovery.  Or basically just copy exactly what the other attorney has done.  When the judge asks why, you say "We have no idea if she has another job on the side that is paying her on the side more than the job she's claiming.  What if she's been paid a disability benefit that we don't even know about.  If we're going to play the what if game with my income, we also need to play the what if game with her income.  Two way street"


The reason I always encourage parents to stand up for themselves is because that is precisely when my case started to turn in my favor.  When I took the reins and started playing offense, I not only started winning, I started to see the other side scale their plays back big time.  They did this because they knew I wouldn't make it a walk in the park for them.  Since you are pro se, you have this in your favor.


I'm not sure about the QDRO, but retirement plans are not considered "wages" which would determine a child support payment by the guidelines.  There is come discussion of retirement in the "cafeteria plans" section.  This really sounds more like spousal support than child support.
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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by stiwary2002 on June 06, 2017, 10:30:50 PM »
Just my update::

I disclosed about my job in the court. Other attorney was so stupid that she asked for continuance and it was granted due to the fact that I did no oppose.

Than other attorney also brought the issue of Bank statement and this time other attorney gave a new reason saying she doe not know if I have got any severance package or something like that. Judge also said to work with other attorney and give her for what she is asking. So I decided to give her 6 months of statements.

Other attorney is also making  a noise of "QDRO document for 401K". So just  you know, QDRO document was prepared and delivered to other party in year 2014 in the court and it was also documented. After this I also have in writing in eMail where I clearly told other party they will not get this money until they sign this document.

So anyway my question here is "Other party did not sign the document for three years, am I supposed to give her that money or not?"

Let me know, if any one knows the answer.

Thanks,

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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by stiwary2002 on May 26, 2017, 08:27:15 PM »
Yes Guru, Thank you for all your details.


But  think the time has come when we need to start suing these attorneys. These bastards need to be punished only than there is a possibility that things may change.


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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by Guru on May 24, 2017, 10:03:35 PM »

So, what I hear you saying is Guru was right?   :)   I'm not tooting my own horn, I'm just hoping others learn from your experience.  Attorneys will drag their feet every time if it will help them win.  Every single criminal attorney will continue a case several times because witnesses move or forget or get lost in the shuffle.  In this case, they wanted to wait for you to get a job.

There is actually a section of the guidelines that addresses parents who attempt to hide income or not disclose it.  I think it's called "failure to disclose."  Essentially, the rule makes you impute your income back to the day you got your new job.  So if it's October when they figure it out and you go back to court, they would rule that your income changed in May, so you'll then owe the difference.


I can't really give you advice, but what here's what I would do. 
  • Do not provide a thing before the hearing.
  • Go to the court transcriptionist and get a transcription of the hearing which determined that your CS payment was reduced.  Hopefully it was requested to set it retroactive back to the day you lost your job.  There is a statute that CS changes are effective the first day of the month following the hearing - or something like that.  You should double check that. 
  • During the hearing, you can mention that you just got a new job.  They will probably attempt to calculate it on the fly during the hearing.  Avoid that.
  • You should ask for a 3 week continuance to consult with counsel (have a date in mind).  Whether you do or not is up to you.  You can use eFamilyTools to calculate it and present that worksheet to make sure theirs is right.  The point is you don't want them calculating it in the court room because you might get hosed.  Remind them that regardless of the order they make on June 6, it will not be effective until July 1 by statute, so they should grant your continuance based on that.
  • You absolutely want to make sure you get credit for the months you were not employed.  That was the whole point of your motion and you have a ruling that CS would be reduced.  So, make sure that all the math works out and shows that you should not have the same CS payment during those months.
  • Advocate very strongly for yourself and filing a motion to reduce support because you didn't have income.  If the circumstances were turned and your income increased, the other side would absolutely want to take credit for every single day you made the higher wage.
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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by stiwary2002 on May 16, 2017, 08:37:15 PM »
Thank you for your reply.

I got the job and joined. Court has confirmed the hearing date for Jun06.
Now this is the funny situation for me. The previous order is NOT confirmed and I got another job after four months.

I agree with you that other attorney is dragging the case so they can get the same  money from me for all the period.

These bastards are MONEY eater.

Not sure what should be my strategy on JUN06.

Should I share the job news with them or should I wait? I know this is not going to be hidden for always but it is a matter of time only.


Please share your thoughts.

Thanks,
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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by Guru on May 04, 2017, 11:04:51 PM »
Ha, the other attorney has most likely challenged this simply because they anticipate you gaining employment by that time.  If that is the case, I would imagine you'll have to fess up that you got the job and here's your new info.  I would not, however, provide that data any sooner than the hearing.  Just hand it over 5 minutes before the hearing.  At the hearing request a continuance.  You want to make sure you take credit for the months you've been unemployed.


I've seen so many parents in your situation where the attorney requests everything under the sun, and you don't even make them work for it.  If you write a letter objecting to the new evidence citing that this is an appeal, you'll have another hearing to attend, but the attorney will learn he/she will have to earn things.  You also want to file your request for production of all these things too.  What I have done in the past is objected to the production, but then if the judge grants the production to the other attorney, I will immediately file exactly the same request against the attorney.  You know it will be granted because you now have a court order telling you it's perfectly fine.  So, the other attorney cannot object.  If they do, you ask for your travel and time from work because a ruling was already made in the matter.  You'll have to trust me that it goes a long way to play some offense.


Continuances are your friend.  Learn to love them.  They keep your game in play and cost the other side more money which makes them more agreeable.  I've played enough to know how it works.
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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by stiwary2002 on May 04, 2017, 10:35:37 PM »
Thank you sir for your beautiful reply. The other party attorney is pulling the money from her client but wasting my time.

I will provide them everything but none of my assets or liabilities to her. I have decided that and I will go up to supreme court for that and the reason is my last discovery took place in March'2015 and they can not do the same shit every year. They have NEVER EVER found anything against me. I also had EQUAL PARENTING TIME after three years of fight in the past.

Anyway, in short I am also trying my best for the JOB and I am sure that I will get the job soon. Although I am without job since January-18-2017.

Thanks for your support.


My next hearing is going to happen sometime next month. One interesting question comes here is, what will happen if I get the job before NEXT hearing date in this matter and as you know next hearing is about the other attorney appealed the order of hearing officer to the judge in the court. I will like to hear something from you on this.



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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by Guru on May 02, 2017, 11:20:12 PM »
When I see items like (f), it really cries "I don't have a case, so I'm fishing."  I've seen it before.  I actually had to provide similar information.  But, you know what I did?  I copied and pasted the stuff right into a "request for production" and served that right back on her.  My expenses were my time to print 100 pages.  Her expenses were $5,000 for her attorney to review my stuff and review all the stuff I requested.  Even if you don't think you need the information, request it anyway.  Case and point - legal matters are a poker game most of the time. 


At this point, I think this attorney has had ample opportunity for discovery process.  If the judge orders you to provide something, you should request a continuance for at least 60 days to dig all this stuff up and to request the same (and even more) of her.  Responses to discovery allow 30 days.  Chapter 60 of KSA is where you should read up on this.
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