My daughters father is in the military and he just started paying child support 1 yr ago..our daughter will be 13 in June..he has never wanted to b in her life since the day she was born..he has seen her once when she was 6 mos old.. he pays 560.00 a month.. today I get court papers saying he wants to modify it due to changed circumstances that will lower his ordered amount.... but there's no court date...what happens now?? How long does this take if they do lower it?? Do I get a chance to go to court??
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on Feb. 14, 2012 at 7:55 PM
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by
Gold Member
on Feb. 14, 2012 at 8:42 PM
Modification is an administrative process not a court one. Thats why no court date. They just collect info and use the governing states formula and reset. If you think he is lying then you can argue it.
by
Member
on Feb. 14, 2012 at 8:45 PM
I don't know if hes lying..I think maybe his wife had another baby??...not sure..but would that change my child support..?? I dont know much bout the military..but I don't see his pay decreasing..
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by
Gold Member
on Feb. 14, 2012 at 8:49 PM
Quoting livinmylife10:
I don't know if hes lying..I think maybe his wife had another baby??...not sure..but would that change my child support..?? I dont know much bout the military..but I don't see his pay decreasing..
Depends on your state but usually no.
by
Bronze Member
on Feb. 14, 2012 at 8:51 PM
Doesnt matter if he had another baby, at least not here. In fact they add the spouses income here
Quoting livinmylife10:
I don't know if hes lying..I think maybe his wife had another baby??...not sure..but would that change my child support..?? I dont know much bout the military..but I don't see his pay decreasing..
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by
Bronze Member
on Feb. 14, 2012 at 8:51 PM
I believe you hae to appeal it to get a court date otherwise they reevaluate with current income
by
Bronze Member
on Feb. 14, 2012 at 8:55 PM
You'd have to appeal it. But having more kids isn't a reason to reduce child support for other children. If he gets in trouble or anything it can reduce his pay if its bad enough. He might be leaving the military tho, they have lots of new rules and forcing people to retire
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by
Member
on Feb. 14, 2012 at 9:07 PM
I'm gonna call tomorrow..hes already tried to do this last year ..bout 6 mos after he started paying.and they threw it out cuz he didn't turn in the proper documents..but it looks like hes going thru with it this time. I'm confused tho bcuz last time I had a court date...and was able to see the judge..and I know hes still in the military...they just moved to fort benning from fort Campbell..
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by
Bronze Member
on Feb. 14, 2012 at 9:32 PM
It usually takes 3-6 months I believe. And there won't be a court date, it will just be modified. I would call your DSCE office and try talking to them. My son's father did the same thing but the amount never changed.
by
Member
on Feb. 14, 2012 at 9:42 PM
I know its mostly his wife's doing... she called me last year and said she wasn't paying for a illegitimate child..that's when she filed tor a mod while he was over seas..but it was thrown out...now hes Bk state side...
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- livinmylife10
on Feb. 14, 2012 at 7:55 PM