Author Topic: Changes to the shared custody calculation  (Read 12010 times)

KTM

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Re: Changes to the shared custody calculation
« Reply #15 on: October 30, 2012, 11:45:45 AM »
Dad,

Best of luck to you.
Keep in mind the 14 days will have begun on the date the document was file stamped and not the date you received the Order. You must include copies of specific documents with your filing or it may be denied.

Also, even if the Child Support worksheet was completed by hand the Court may still have referred to a computer screen and the Bradley Software program to calculate the numbers.

There is a specific legal process that someone must follow in order to collect expenses/Child Support suppliments directly from you instead of through income witholding. If the process is not followed the expenses/Child Support suppliments are not collectable.

It also may comfort you to know that it can take up to two pay periods before your employer is able to make the changes required to comply with an income witholding order. It may be helpful to contact your HR department with any questions.

Dad

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Re: Changes to the shared custody calculation
« Reply #16 on: October 30, 2012, 01:04:25 PM »
KTM,
Thank you for the information.  The appeal was sent in today, within the 14 day window. 
I have doe ethe calculations over and over using the worksheet, as well as the software provided here.  The calculation is wrong by about $1,000.  The judge, rather than using the amount on EPT worksheet, deducted that amount from Father's Child Support Obligation.  I appreciate your hopefulness regarding the garnishment.

Can anyone tell me if the court can be held liable for this error?  Can I have the judge changed, or can the court provide for my additional attorney's fees? 

Dad

KTM

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Re: Changes to the shared custody calculation
« Reply #17 on: October 30, 2012, 03:03:05 PM »
Dad,

As I understand it, it is RARE for the Court to ever award attorneys fees and even more difficult/expensive to collect when they are awarded.

Most importantly is imperative to approach the Court with a great deal of humility when attempting to persuade the Court an error has been made. Absolutely no pointing fingers!

It is also EXTREMELY RARE to get a change of venue/Judges.

Remember that every action you take  and every word you say may effect ALL future actions and decisions made in your case. Nothing in the law is black & white.

Dad

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Re: Changes to the shared custody calculation
« Reply #18 on: October 30, 2012, 04:58:37 PM »
Thanks KTM.

Can you please let me know where I can find a list of documents that need to go along with the appeal motion?

Thanks,
Dad

KTM

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Re: Changes to the shared custody calculation
« Reply #19 on: October 30, 2012, 05:48:40 PM »
Dad,

I would suggest you to either consult with an attorney or research the Kansas statutes related to filing a Motion for Child Support.

Statute requirements for challenging an Order on file or filing an appeal are more complicated and I am neither qualified nor sufficiently informed on the details of your case to make any suggestions. I do know that some attorneys may be willing to advise you for a fee but would be unwilling to challenge the Courts decisions or Orders on your behalf for a hearing (the one you had on October 5th) they were not party to.

So, start by searching online for the Kansas Child Support Statutes (LAWS). These will be different than the Kansas Child Support Guidelines (RULES).

District Court Magistrate Offices also have informational handouts on this topic for Pro Se Litigants.