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Topic: Child Support Obligations

Created on: 09/28/16 10:24 PM

Replies: 14

DARIN1


Joined: 09/25/16

Posts: 14

RE: Child Support Obligations
10/01/16 7:56 PM

Thank you for your response,
I have already filed the appeal and have all relevant documents. I am no lawyer and often I don't understand the legal writings as I am sure they are meant to be a twisted knot of words pointing to this statute and that law and this rule etc.
My problem is I was not left with enough money to live on plain and simple. I am facing foreclosure, lost my vehicle,My retirement, and barely have enough money to feed my son at this point. This battle has been going on for over a year now.

I have so many angles to attack from I just don't know what to start with. I am going to lead with abuse of discretion, and follow it with some Constitutional arguments.

I only recently found this course and my time is ticking away for appeal brief to be filed. If I bring up the rules for the Domestic relations then am I introducing the laws for the court to use on appeal?

There is case law which shows that some child support cases have been ruled unconstitutional but they are not from courts in my state.

I can not understand how a statutory child support law can apply to only separated parents without being unequal treatment of the law. Especially since I was available, willing, and providing and the mother refused me contact for almost 5 months in order to obtain support.

DLM

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WIN2


Joined: 07/12/19

Posts: 1

RE: Child Support Obligations
07/15/19 10:17 AM

I have a ? I was suppose to enter my pay stubs and completely forgot to so i got stuck paying 651 a month based of income from a job i no longer work at and now i make less at my new job what should i file to get it changed

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MISTY2


Joined: 05/13/19

Posts: 5

RE: Child Support Obligations
07/28/19 8:43 AM

@Win2

The department of child support has rules in each state that allow them to rereview your case based on certain hardships or extreme changes. Each state defines what "hardships" or "extreme changes" are and by how much. There is usually also a time limit. I know for many places, you must be experiencing these things for six months before they are even willing to review the case for changes based on your changed circumstances.

That doesn't mean they will schedule a review at the six month mark, only when they process your paperwork request and feel like scheduling it. It's a long process.

The point is, you need to call them and ask them what qualifies for a review and what the definitions of each of these are. As someone who is legally contracted with them, and legally obligated to pay, you have a right to know, so you can fully exercise that option in the future. Always frame this from the perspective that you want to stay paying current and on-time.

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