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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, 11:12:05 PM »
Firstly, it sounds like the HO granted your request for reduced child support - a win for you.  Attorneys don't like losing to a pro se, so they will probably run you through the ringer a little.


I'm uncertain what you mean by "challenge."  A HO decision can be appealed to a district court judge simply to review the use of discretion and the evidence at hand.  I don't find this to be an open ticket for tons of more discovery.  It sounds as if this attorney is trying to pull a fast one and get themselves a bunch more evidence.


From what I know, an appeal is not an opportunity to restart the case and get all new evidence in hopes of a better decision.  It is merely a review of what the judge or HO had at the time to make the decision and look for procedural errors.  So, I would be inclined to remit a letter to the attorney that this is an appeal and as such you do not feel compelled to provide new evidence.


The reason the attorney wants all this stuff is they are on a fishing expedition to catch you in some kind of lie or loop hole.  I would attend the appeal with all the same evidence you had and argue that for civil cases it is your understanding that is not a retrial.  If the judge wants to set your case for evidentiary hearing, he may do so, but then you could provide all that info (and request exactly the same of the other party).
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General Discussions / Re: Impact on Child Support, when Payee is going out of JOB
« Last post by stiwary2002 on April 26, 2017, 09:49:21 AM »
Thank you sir,

Here is the update in last 5 days.

I had a hearing with hearing Officer. I provided my Income Tax, Short DRA document etc to other attorney.

After lot of arguments, hearing officer considered my salary 25K <<actuals>> and ordered reduction in child support, effective from May01 so that means I need to pay precious couple of months as per the old order.


Now other attorney has challenged this decision to take it further in the court. Also other attorney has asked me to provide me the below documents as part of another discovery::

1. All documents in support of your allegation pertaining to diminished income capacity from historical income in excess of $100,000 per year to $30,000/year, including but not limited to:
a. copies of paystubs from January 14, 2017 to date;
b. current job description;
c. current resume;
d. a list of monthly recurring expenses and outstanding liabilities;
e. list of all employment applications submitted since 01/01/2017 and disposition of same;
f. copies of  any “financial account” maintained at any “financial institution” in your name alone or jointly with any other person or persons or as trustee, custodian, guardian, or where someone holds funds on your behalf, or in which you have had an interest in the last three years including, without limitation, all bank statements, canceled checks, reconciliations, deposit slips, records and receipts, check stubs, check registers, copies of checks and other records and correspondence pertaining thereto.
                  



My response::

a). I have already said that I have NO job further than why the hell she is asking same thing in a different way.
b) and c) and e)...not sure why the hell she needs this but I have no problem.

d). Not sure why she needs a detailed expenses and liabilities.

f). This is most critical. This has been now 3+ years that I was divorced.

Why should I provide all these financial details to them?

Need a good advice on this point nbr e), Please.


Thanks & regards,







73
General Discussions / Re: Equal Parenting Time Worksheet
« Last post by Guru on April 15, 2017, 01:02:07 AM »
I suppose the first question I have is how did you fill out the equal parenting time worksheet? Did you use software to do that? If not I highly recommend you use a website called efamilytools.com.  The developer there is Brian Mull who is a member of the child support guidelines advisory committee. You can trust the calculations you get there.

For shared residential parents there are two options. You can share direct expenses which will always leave you paying the least amount possible. The other option is to use the equal parenting time worksheet. When using the equal parenting time worksheet there are two options. The parent with the higher obligation can pay direct expenses or the parent with the lower obligation can pay direct expenses. When the parent with the lower obligation is put in charge of paying for all the direct expenses the parent with the higher obligation, usually the father, ends up paying quite a bit more. You might want to check into that to see how you set up the worksheet so you can understand why you might be paying so much



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General Discussions / Equal Parenting Time Worksheet
« Last post by Chrisman3003 on April 09, 2017, 09:47:27 PM »
I filled out an equal parenting time worksheet to update child support expecting it to lower my child support obligation (more time with child, more expenses paid by me...) but instead I end up with a higher amount that I owe to my child's other parent. What did I do wrong or is that to be expected?
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General Discussions / Re: I asked for change in child support after i lost my job
« Last post by Guru on March 19, 2017, 10:49:40 PM »
I don't know if you use shared expenses or the EPT for your shared custody arrangement, but if she has proven not to pay her end of the direct expenses, that could put you in charge of them and give you a discount on child support.  There are now a number of factors the courts must consider in which parent is in charge of DE, and that is one of them.


If you are entitled to claim the kids for 2016, then what I've been told is to simply file it and let the IRS deal with it.  She will need to then file an amended return and pay her penalties.


If her change in income would have changed child support by more than 10%, she had a requirement to tell you - its in the guidelines (duty to notify).  Use the tools at [size=78%]https://efamilytools.com[/size] to determine if that's the case.  If so, they should make any reduction in support effective back to the day her income increased.  This will be a credit in your favor.


Your DRA will be very limited.  Remember that if you "ballpark" your numbers, that's perfectly acceptable as long as you put an "*" next to them.  Personally I used to put that next to every single number to keep myself in the clear and avoid having to calculate things to the penny.
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General Discussions / Re: I asked for change in child support after i lost my job
« Last post by stiwary2002 on March 19, 2017, 04:58:00 PM »
Thank you for your nice reply. this is very helpful to me.

Current Status is Her attorney filled DISCOVERY and my attorney also did the same thing.

There are three things those are already in my notification that are NEGATIVE to her as below::

1. She did NOT pay her part for the kids Medical bills.
2. She claimed the kids into her tax return for year 2016, although the court order says I need to claim.
3. Also her salary was considered as 15K while calculating alimony and child support etc but today she is making 25K but she never reported back.

So definitely my attorney is going to raise ALL these three points for sure.


Also I will use short form of DRA, where I will report no INCOME and expenses as certain numbers per month. I am not going to provide any of my bank or 401 K or my home (I bought after divorce) details.

Let me know if you have any insights for me around these points.

Thanks & regards,
77
General Discussions / Re: I asked for change in child support after i lost my job
« Last post by Guru on March 01, 2017, 10:25:02 PM »
Like I said, since this is a post-decree motion to change child support, you only need to file the short form of the DRA.  Unfortunately this form is required for any change in child support.  It's required by state statute.  The short form doesn't list assets and bank accounts.  You also don't need to be all that thorough.  The requirement is that you file it, not that you complete everything entirely.  Keep in mind that you should file this before your hearing or the other attorney could move to dismiss your motion.  You probably just need to file it and provide it to the other attorney a day before the hearing.

The link is here:  http://www.kscourts.org/kansas-courts/supreme-court/administrative-orders/Admin-order-287.pdf  take a look at page 60.

We used to provide a free form (domestic relations affidavit short form) on this site but it was deleted after the 2016 guidelines were released because it was out of date.

Also, you should request the DRA from your ex as well.  Anything (including taxes) you are providing, you should request of the other party.  Unless you don't care about it.  Trust me, you might find things of great value in there - like she makes more money than she's reporting.  In civil cases, I believe the attorney must file a request for production (of documents).  Which is a 30 day process.  If you want to keep things technical, that would be the process.  Refer to chapter 60 of KSA for discovery process for civil matters.  Likewise, you would have to file that as well.  If the other attorney just sent you a letter to request, you should do the same.  If the other attorney refuses to produce, tell the judge the attorney requested them by letter, and you would like a continuance so you can issue a formal "request for production" since the other attorney doesn't want to cooperate.  The change in child support will be effective (by KS statute) on the first day of the month following the date your motion was filed.
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General Discussions / Re: I asked for change in child support after i lost my job
« Last post by stiwary2002 on February 25, 2017, 11:55:44 PM »
Thank you for your reply.

I was terminated due to the fact of eliminating that position. So that way I am safe.

I did not got any Severance Package or anything so I am safe that way too.

I am fine giving them Tax Return for last three years, Pay slip for last 6 months and few other things.

My only objection is "Domestic Relations Affidavit ". Why do they want to see ALL my current Financial stuff. I am not comfortable sharing my current financial numbers wit other party, special when I have been divorced. What is that I should do so I don't need to provide this affidavit.

Please guide.

Again thanks and regards.

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General Discussions / Re: I asked for change in child support after i lost my job
« Last post by Guru on February 25, 2017, 12:04:02 AM »
If you filed a motion to change child support, you should have filed the DRA with the proposed worksheet.  See this link:


http://www.kslegislature.org/li_2016/b2015_16/statute/023_000_0000_chapter/023_030_0000_article/023_030_0002_section/023_030_0002_k/


However, make sure you use the "short form" now that this is a post decree motion.  You don't need to do the comprehensive form.


The discovery is pretty typical.  The attorney is going on a fishing expedition and is going to look through all your paperwork for clues for other jobs, settlement payouts, disability payments, etc...  You cannot say "no" but you can object in writing to the attorney if you object to providing something for some reason.  The stuff requested looks pretty typical.


Keep in mind that discovery is not a one-way street.  You can and should request at least the same things from the other side.  This not only helps you and your case, but it lets the other attorney know you are willing to play ball.  It can also slow things down which is an advantage in court.


Another thing to note - if you were terminated for misconduct or something like that, the other attorney may "impute" your wages meaning they will use your last income.  There is a section in the guidelines that allows the court to do that.  You will need to plead with the judge not to impute your income if that is the case.  If you have no job, it does nothing but put you in a hole you may not be able to crawl out of, which doesn't help anyone.
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General Discussions / I asked for change in child support after i lost my job
« Last post by stiwary2002 on February 24, 2017, 12:59:48 PM »
I was divorced in 2014. My child custody and child support was finalized in 2015, with EQUAL time.

Last month January2017, I was terminated from my job so I filled for changes in child support.

My Ex's attorney has asked for DISCOVERY and she wants below documents:

1. Domestic Relations Affidavit
2. All my W2 / Tax Fillings for 2014 thru 2016.
3. My last 12 months pay stub
4. All medical records etc

My question is why do they care about my "Domestic Relations Affidavit" any more specially when my divorce was done in 2014.
Similarly why do they need my W2 etc for past years.

Any logical reasons behind this and do I have authority to say NO to all these documents.

Any response on this is appreciated.

Thanks in advance,
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