Author Topic: I asked for change in child support after i lost my job  (Read 7622 times)

stiwary2002

  • Expert Member
  • *****
  • Posts: 39
I asked for change in child support after i lost my job
« 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,

Guru

  • Expert Member
  • *****
  • Posts: 366
Re: I asked for change in child support after i lost my job
« Reply #1 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.

stiwary2002

  • Expert Member
  • *****
  • Posts: 39
Re: I asked for change in child support after i lost my job
« Reply #2 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.


Guru

  • Expert Member
  • *****
  • Posts: 366
Re: I asked for change in child support after i lost my job
« Reply #3 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.
« Last Edit: March 01, 2017, 10:54:21 PM by Guru »

stiwary2002

  • Expert Member
  • *****
  • Posts: 39
Re: I asked for change in child support after i lost my job
« Reply #4 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,

Guru

  • Expert Member
  • *****
  • Posts: 366
Re: I asked for change in child support after i lost my job
« Reply #5 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.