Asked 12/13/2010
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What can NCP expect at Child Support Modification hearing? I am the NCP aka "child support payor" I filed for review & modification of my CS & I did not agree with the agency recommendation (the new dollar amount) so I rebutted their award amount & I now have a modification hearing tomorrow. 2 reasons I disagree with their award amount 1.) I earn $20,000 less than I did when I was put on CS 6 years ago 2.) my child's mother is willfully underemployed & I plan on asking the Judge to consider her "earning potential" as per the Georgia Child Support Guidelines. Obviously not every singe CS Modification Hearing is the same but will someone please give me a general idea of the questions the Judge will ask. Also, my child's mother does not plan on attending this hearing...is she required to? |
Answer 1/3 - Submitted 12/13/2010
Answer 2/3 - Submitted 12/13/2010
IMHO--- Perfect question because I am sure you think to ask the if you ask this the Judge will ask the same exact question.
I am not able to reach my earning potential because...2003-2008 I was working for Mercedes Benz and I lost my high paying job due to the crash of the automotive industry. My trade is automotive technician. Obviously I could not go unemployed so I applied to other highline automotive brands however again with the fall of the automotive industry I was not able to get a job. I took a job as a Level 1 technicial with Audi in 2008 and I am still with them. I was earning $80,000 per year at Mercedes Benz which included the following bonuses 1.) Team Leader approx $10,000 of my yearly salary 2.) Road Side Technicial which made up approx $5,500 of my total yearly salary and 3.) Master Certified Level technician which was an additional $350 added to my pay per month.
Now that I am with Audi I am a level 1 technician, there is no such thing as Team Leader Bonus, Roadside Technician Bonus, or Master Certified Bonus. At Audi, we must purchase our own tools and because I do not have the extra income to purchase tools I am very limited to the model of vehicles I can work on. That is why I am am "underemployed" as you said. I cannot earn my "earning potenial" because the "earning potential" at my new job is not available as it was at my last job.
As for my child's mother, she hold's a bachelor's degree in Marketing and works from home selling a different product by phone and I do not have the energy to discuss how she is ok with living off of $1500 per month.
Answer 3/3 - Submitted 12/13/2010
There are many factors the court will consider, unfortunately they really won't ask you anything. It is your job to do the research If you are pro-se (no lawyer) read your state child support guidelines under off sets or deviations. These will be your best source to find a way to lower your support payment in ways that apply to your specific case. If the cp is not earning what she/he could be prove it! Look in the classified section of your paper for jobs that she/he may be eligible for (showing a intent to earn below her capacity).& Bring them to court. Also see if your state has a self support reserve SSR, this is an amount the state cannot use for support in Pa it's $867.00 meaning ONLY whatever you make over $867 is available for support. Good luck!
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