Child Support Hearings....Modification objection

Hey all,

I have searched through the various posts and I found some great answers to my questions. However, I am so disgusted with my EX and hopefully this is the last time I have to face him in court about our son. He first took me to court for DNA, which he knew was bogus, but to appease his EX wife he remarried, I played along and agreed to the DNA thinking he would be a better father to our infant son, didnt happen.  Well, during that hearing for DNA paternity the judge blasted him and ordered a Modification to our current CS order once the DNA confirmed the paternity, well we finally got the Modification done and it went up substantially (as he isnt paying CS for the kids with his EX that he remarried after we divorced), now he has "objected" to the recommendation of modification and I have to trek it to another city, 3 hours away for court.  I am wondering what are the chances the order will change, and also if it is worth me getting a lawyer for this hearing. I cant afford one, but I want to make sure he knows I am tired of this and I wont keep wasting my time with his antics to prove his love for his wife, as it relates to dragging me to court with my son.

Thanks

and what exactly he is taking you to court for?

No clue what he is dragging you to court to address--bring us up to speed.

The law sort of permits each of you to keep trying---and if you fail to address one of the steps he is taking and the judge happens to see the facts his way as presented that day , since you are not there to make the counter point---he might just win that round--and it might be very daunting to unring his victory bell.

Now we still have no clue of what he is trying to do and not even clear if its final order or an interim order but its a pretty good guess he is not going there to benefit you .

Right now your downsides look like a big risky unknown!!

I am sorry, I thought I included that information.  He doesnt want to pay the increased amount that was recommended by CSE.

I am sorry, but i clearly stated that the amount of CS went up substantially and that he was objecting to the increased amount and I have to go 3 hours for a hearing in regards to his objection.

Well I don't know the GA steps but it remains quite likley that he gets opportunity to enter his viewpoint and if you and a good lawyer are not there to challange it or cross examine him or whatever  steps GA allows that you are giving him a free tactical advantage for his viewpoint

It almost reads as if you are snatching defeat out of jaws of victory .

It would be according to what the increase was based upon, whether any errors were made in the calculations that the increase was based upon and whether there are any other legal arguments to be made as to the speicifics in your case.

The modification is based upon financials and affidavits that we both had to send in, so it is based upon the guidelines of Child Support of both parents.  I dont understand what other legal arguments there could be, however CSE has assured me that what they have recommended to the court is within the guidelines set forth for CS, and that they will not accept any less than that, but of course the final decision rests upon the judge.  I mean, I just hate wasting my time and money going to a hearing because "he thinks its too much" to pay to take care of his child.

GA has changed its formula rules and a simple formula is anything but simple not withstanding that there are supposedly fewer "deviations" .  He may not get anywhere to show up and mouth off --but if somehow he sorts out a deviation buried in the rules or shows up with a good gladiator who knows the wrinkles well---then you may regret not being there with a skilled gladiator of your own.

I have no clue if most judges all but rubber stamp CSE recommendations but it sure would help if you knew the likely outcome of how this particular judge handles CSE recommendations--and I'll bet CSE staffers know thier batting average-but will they share same?

No clue if he is doing this to annoy you or impress his new wife or if he has a ghost of a point to make --your risk--your call.

Drew, you are on point, I agree the Ga Child Support Guidelines are so very confusing and tedious.  The deviations are so confusing as to what is or what is not considered a deviation. However, if he can afford an Attorney, he should not be complaining about the recommendation set forth by CSE.  My CSE agent, does sound very confident but at the end of all of her positive comments, she always states, " The final decision is up to the Judge", so I am really torn, but I feel I need to take some representation with me, just in case.

I really hate to go that route, because this is money I could be using for more useful purposes, but I am going to go with my gut feeling.  I know that courts cant enforce visitation or involvment in a kids life, but I sure hope my Attorney uses that in our defense, 1) he doesnt want to take care of the child adequately within the guidelines, nor 2) does he want to have anything to do with the kid. I tried unsuccessfully to terminate his parental rights, maybe this will help in my quest to rid him out of my sons life permanently and legally...

Thanks for your help

Your odds of terminating his parental relationship are low--rules sort of demand he has right to be in the equation to some degree and I'm not sure its a useful goal and if you mouth off it may hurt you.  Now if there is a new adoptive parent in wings--that may be a  different fact pattern.

And visitation is a right --not a duty --its possible that failure to exercise visitation could translate to basis for added child care requested --and I'd seen posted here some order language that sort of says  NCP owes CP certain added costs if NCP fails to cancel visits with enough notice --in short  CP somewaht  compensated to hang around for a no show NCP.

Be careful your anti Dad attitude does not hurt you in  court .  Overtly trying to keep child from Dad serves you no good if Dad ignores child anyway for all practical purposes.

What is Dads approximate gross monthly income?  Do you think it is about accurately reported?

In theory Dads new family is not an excuse under GA law to not provide for his prior obligations --but if he is relatively low income there might be some deviations --simply beyond me to know --thats one example of  where skilled gladiator is needed? .

I have no idea what GA guidelines say but I will take your word for it they are confusing.

You might have to bite the bullet a little heer. What CSE is recommending, you might be able to take a lower amount just to move on with your life. Does Dad have other kids then? Are they factored in at all? Even though Dad lives with them he still has to support them. If Dad is not involved and does not want to be, maybe see if you guys can agree on an amount of support that way you do not have to deal with him. The more he pays the more likely he is going to fight you on everything. You had one amount set, CSE is recommending another amount, can you meet in the middle? Unless you are on assistance, you should be able to get the judge to put in an amount you agree on. Good luck.

I'm not a fan of giving away turf just because there is a semi solid reason to do  so at lay level--mine included! .

The role/priority/inclusion of Dads other obligations is pretty much state specific and that is why one uses skilled experts to deal with the rules that  one is given by state --not ones personal view of social justice.    And Your attorney is supposed to go there to best protect your interest as his or her client and that includes getting MORE than the basics if possible. .

If Dad thinks he is entitled to special treatment just because his new wife wants more on her side of table --that's Dads burden to try in court!!

I'm assuming that CSE's role is to try to best determine what is correct for the well being of that child as per the rules and facts they are  to address.  And its hard to fathom how less than the formula amount for that child  adequately meets that child's needs.

I fail to follow where the new wife and her children are parties in any sense in this action.

CSE is recommending what is based upon the guidelines of CS, after all the financials and info have been submitted, it is input and it generates the percentages of what both parents are responsible for in the care of the child. I am responsible for 49% and he is 51% because he makes more than I do, yes they factor in the other children in both homes, not just the NCP.  I didnt ask for the modification the judge did, because he felt the EX was wasting the courts time, my time and his time playing the 'Kid is not mine game" to impress the remarried wife and that is exactly what he was doing, because he knew that I had never cheated or slept with anyone other than him.  Anywho, I will take whatever the court deems that i recieve, but I will not allow him to continue to jerk my chain and try to neglect taking care of our son, that was something we both wanted, until his EX decided to forgive him and take him back and then my son became irrelevant in his life plans. I am not bitter, I just want him to move on and do right by our son and I have already moved on with my life, but I dont want to have to keep dealing with this nonsense. He got over for 2 years paying $300/month for an infant whose daycare bill was $375 (CS didnt even cover the daycare), His wife messed him up when she convinced him to deny paternity and we had togo before a judge who was then advised that since he was no longer paying child support in the amount of $984 for the two kids with the EX, whom he had remarried, that MY CS order should be modified, the judge felt as if this was a step HE the EX should have taken upon his own, when he remarried the EX wife and was relieved of that CS, so that our son would get what he was rightfully due, but sense he didnt, the Judge ordered the Modification and it did increase substantially.  So with that being said, he put his own foot in his mouth starting with the Paternity issue and now it has snowballed and he wants to run and cry about it.

Drew,

he doesnt have a new wife or new family, he just went back to the family he had, but in between a three year period, he and I had a child together, that he is going to adequately care for based upon the guidelines set forth by the government, I think it is only fair that he do such. I am not asking nor do i ask him for anything above and beyond Child Support, even getting the $300 that I get now, I still dont ask him for anything and he is well aware that Daycare is more than what I get in CS. He has skimmed by for three years paying less than he should and now it is time for him to man up and take care of his responsibilites, adequately!