lsj115
New
Reged: 11/15/07
Posts: 7
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Try to make it short and sweet. Went to court on October 10, 2007. A final judgement was ordered. He appeared without a lawyer. I had a lawyer. I was awarded physical custody with liberal visitaion, every other weekend and half the holidays. I was also awarded state guideline child support in the amount of $775.00 for three children. He was very upset at the amount, so he went and hired a lawyer and I just received a request for a rehearing and downward deviation of child support. His claim is he can't afford the state guidlines. So what are the chances of it actually getting lowered?
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Down
Platinum
Reged: 12/19/06
Posts: 465
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Didn't the court just make the decision a couple weeks ago? I have a hard time believing they would change this now. Have any papers been signed?
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lsj115
New
Reged: 11/15/07
Posts: 7
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Yes, the judge signed the final order on the 26th of October, the next day I received a letter from his attorney regarding a motion for rehearing and downward deviation of child support.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1309
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It does happen. My ex pays the state norm but no health insurance. So the $158 she pais just covers the $120 a month insurance.
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taryn
Platinum
Reged: 05/31/07
Posts: 2507
Loc: standing on the mountaintop! :...
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for some crazy reason i thought you coulnt modify cs or custody for two years after the initial ruling.
but i MAY have dreamed this...
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taryn.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2222
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It's not a modification hearing; it's a review of the original hearing. You can't add any new information, and the chances of him being successful are extremely slim.
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Jada
Platinum
Reged: 06/02/07
Posts: 3494
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[quote]Try to make it short and sweet. Went to court on October 10, 2007. A final judgement was ordered. He appeared without a lawyer. I had a lawyer. I was awarded physical custody with liberal visitaion, every other weekend and half the holidays. I was also awarded state guideline child support in the amount of $775.00 for three children. He was very upset at the amount, so he went and hired a lawyer and I just received a request for a rehearing and downward deviation of child support. His claim is he can't afford the state guidlines. So what are the chances of it actually getting lowered? [/quote]
Chances are the courts are going to stick with the state guidelines. The only way he will be able to get it lowered is if you agree to it. And he really isn't paying that much for 3 children.
He may be saying that he can't afford it, but you can also say that the kids need at least the state guideline. Make it about the kids and what is in their best interest.
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gigi
Platinum
Reged: 11/06/06
Posts: 5169
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He's paying a lawyer a lot of money for what amounts to an appeal of something that happened in court that probably has no chance of changing. Do you have a clue of what is his reason for saying he needs a change? Does he say that the income entered into the guideline formula for him is not his true income? Does he say that he has other expenses that weren't properly accounted for? If so, then maybe his lawyer will be able to get the judge to listen & realize... if a mistake in calculations was made, or if your ex wasn't given the chance to give this information to the judge at your hearing, then it's POSSIBLE that the judge will change things...
You'll want to ask your lawyer what is up with this.
Sometimes, there IS a good reason for re-consideration. Sometimes, it's just that the party who did not have a lawyer when they walked in, thiks they could have done better if they HAD had a lawyer, and now they see how much money is involved so they're FINALLY willing to pay a lawyer to get a longshot chance at changing the numbers... and there are always lawyers who will be ailling to walk into court to help someone who thinks they've been cheated... just to give him his day in court with a "mouthpiece" who can properly state his case for the judge... even though everyone involved knows that there's no likely change available to be made.
Only your lawyer will know which this is... whether there are some legitimate reasons for him to be upset... or whether everything in court was, in fact, done by the book & this is just a matter of letting him get his opportunity to have his day in court.
Good luck.
Truly, whichever way he's going, it's a longshot... but there ARE a few ways that cases can be overturned & changed... if it turns out that things were unfair on the day they were finalized, it's possible that the judge will change things to make it fair. ... but you say this was guideline... so long as no one refused to let your ex have his say... so long as they didn't steamroller over him & refuse to let him give his evidence to the judge... you SHOULD be fine.
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Retsparf
Silver
Reged: 09/13/07
Posts: 67
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seems to me to be a reasonable step. If the expense of CS causes him undue hardship then he should do whatever he can to get it modified. Would you want him to be unable to provide a healthy environment for the kids when they are with him?
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lsj115
New
Reged: 11/15/07
Posts: 7
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The state guidlines say that I am 55% responsible and he is 45% responsible, the only bills he has is rent utilities and a cell phone bill. He also works jobs that usually pay him cash, I am not asking for anything more that what he makes from his 9-5 job. Its been 8 months since we split and he has refused to pay a dime of child support until it was deducted from his paycheck.
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