Questions on child support negotiation conference

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Latest post Wed, Mar 9 2016 1:27 PM by speee1dy. 5 replies.
  • Tue, Mar 8 2016 9:43 AM

    • Lei2015
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    Questions on child support negotiation conference

    Hi,

    I am a mom with primary custody of my 6-year old daughter in Texas. I have divorced with my ex-husband for over 3 years. At the 3 years anniversary, I received a letter from child support office asking if I would like to have a child support review. I filled out the form with yes, and recently I received a cild support review process notice that asked me to attend my child support review negotiation conference in 2 weeks. I need some guidance and advice for this upcoming negotiation. Here is some additional background information. We follow standard vistation, he waived his Thursday night and Sunday night visitation since my daughter started school last year. So my duaghter does spend most of the time with me. My ex has stable income and always paid chidl support. He is remarried and has no other kids. His wife makes more money. I have stable income as well and have no other kids either. I know the current amount he is paying was less than the 20% state guidance when the dcree was agreed upon. It was agreed upon back then because he was fighting for child custody and my lawyer alluded that paying less child support by asking for custody was probably his strategy. I dont intend to create drama or escalte to a court setting with a lot money spent on hiring lawyer. My original thought was that I will let the office reriew, if there is an increase, I will take it, if not, I will stay with what I have. I and my ex dont talk, and he can be very difficult. Now I am worried that what this conference will lead to. Here are my questions and I will really appreciate your help and advice.

    - I just wanted to recalculate the child support based on his current situation and 20% guidance. If it turned out taht he should pay more but he refuses. I assume I can walk away with the current amount. But what if I want to puruse the increase, what do I do?

    -What if it turned out that he should pay less, and I dont agree, and he wants to take take me to court, what do I do? (I dont expect this very likely otherwise he should have asked for a review already. but I just wanted to ask)

    - Do I need a lawyer for this negotiation process? I understand a lawyer is always recommended, but what could be the worst scenario in this conference that a lawyer will make a big difference?

    -What if it turned out I make more than him (just himself not his household), will this impact the consideration?

    - If he takes me to court, do I have to go? What is the consequence if I dont go. Can I just not show at the conference if I really want to avoid all this, or it will be a bad record for the future?

    Any other advice and suggestions are very appreciated.

    Thanks.

    Lei

     

  • Tue, Mar 8 2016 10:06 AM In reply to

    Re: Questions on child support negotiation conference

    Lei2015:
    But what if I want to puruse the increase, what do I do?

    You follow through with the hearing or take him back to court for a mandated adjustment in the support order.

    Lei2015:
    What if it turned out that he should pay less, and I dont agree, and he wants to take take me to court, what do I do?

    You would have to defend his claim and show the court why a decrease isn't warranted.  Keep in mind if he has a material reason for the decrease i.e. disability or unemployment whether you agree won't matter the court can still reduce the amount.  That doesn't mean you can't get it reconsidered when the circumstances change though.

    Lei2015:
    Do I need a lawyer for this negotiation process? I understand a lawyer is always recommended, but what could be the worst scenario in this conference that a lawyer will make a big difference?

    It isn't required but if you think you are going to get steam rolled it is a good idea.

    Lei2015:
    What if it turned out I make more than him (just himself not his household),will this impact the consideration?

    Maybe.  If he is already paying less than the state minimum though the court will take that into consideration.  I would expect at the very least they increase it to the mandated 20%.

    Lei2015:
    If he takes me to court, do I have to go? What is the consequence if I dont go.

    You don't have to go but the consequence is he gets what he wants and your child loses out big time.

    Lei2015:
    Can I just not show at the conference if I really want to avoid all this, or it will be a bad record for the future?

    You can decide not to show up but I don't recommend it.  I would go.  Call it a cost of living review based on economic times and increasing expenses with the child in school.  The more you make it seem like a review and comparison to expenses hopefully the less he balks.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Tue, Mar 8 2016 10:34 AM In reply to

    • Lei2015
      Consumer
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    • Joined on Thu, Jun 4 2015
    • TX
    • Posts 12

    Re: Questions on child support negotiation conference

    Thank you very much, ClydesMom. Do you know or anybody knows if the 20% state guidance is used as a mandate or just a rough guidance given there is no extradiordinary conditions can be used as exemption (e.g. disability, job loss. etc. let's say an engineer working in corporate for the last 8 years and is expected to stay this way in foreseeable future). I just wanted to know if I can be confident that I can get the 20% as the minimum. So that way, even if he refused, I am more warranted by going further to pursue that.  

    Thanks!

     

  • Tue, Mar 8 2016 10:34 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
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    Re: Questions on child support negotiation conference

    It makes sense that you have a handle on the math or how to compute CS under the prevailing formulas.

     

    It makes no sense to me to go sort out a probable increase based on  state formulas , if such is the math, and then throw in the towel if EX says no....of,course he is likely to,say no on first pass....

    Your child,deserves better from you mom!  



  • Tue, Mar 8 2016 10:52 AM In reply to

    Re: Questions on child support negotiation conference

    Lei2015:
    I received a letter from child support office asking if I would like to have a child support review.

    You did not "receive[] a letter from child support."  I assume the letter came from the local child support enforcement authority ("CSEA") because you, at some point, requested that the CSEA handle the collection of support, instead of having your ex-husband pay you directly by writing checks.

     

    Lei2015:
    if I want to puruse the increase, what do I do?

    Talk with someone at the CSEA to see if the CSEA will pursue the increase on your behalf.  Otherwise, you'll have to file the appropriate paperwork with the court.

     

    Lei2015:
    if it turned out that he should pay less, and I dont agree, and he wants to take take me to court, what do I do?

    What do you do about him wanting to take you to court?  I wouldn't concern myself with what he might want to do.  If he files papers for a reduction, then you'll have an opportunity to oppose his request.

     

    Lei2015:
    Do I need a lawyer for this negotiation process?

    No.

     

    Lei2015:
    What if it turned out I make more than him (just himself not his household), will this impact the consideration?

    I'm not in your state, but I assume your relative incomes are part of the calculation.

     

    Lei2015:
    If he takes me to court, do I have to go? What is the consequence if I dont go. Can I just not show at the conference if I really want to avoid all this, or it will be a bad record for the future?

    What does "takes me to court" mean?  If he files papers to reduce the support payments, you'll have an opportunity to file papers opposing his request.  Presumably, the court will hold a hearing (but maybe not).  If it does and you don't show up, the court will issue a ruling based on the written submissions and any oral argument that your ex or his attorney makes.

    As for the "conference," if you requested it, it would be rude simply not to show up and, if you do so without telling someone ahead of time, you could be sanctioned.

  • Wed, Mar 9 2016 1:27 PM In reply to

    • speee1dy
      Consumer
    • Top 200 Contributor
    • Joined on Wed, Nov 12 2008
    • Posts 205

    Re: Questions on child support negotiation conference

    it almost sounds like you want to include the the new spouses income along with the exs income? 

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