CS modification question

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pilesoflaundry

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My jurisdiction is: GA

I was served papers this morning that my ex is taking me back to court for a reduction in child support due to changes in circumstances - he's currently unemployed.

I am so upset. I wish he had just asked to pay less until he had gotten on his feet again, because I have NO money to pay an attorney. My teenage daughter (not his) from a previous marriage tried to commit suicide last year and is in and out of psychiatric hospitals, and I am up to my eyeballs in medical debt.

My questions are, how difficult will it be to represent myself? What do I need to do to represent myself? What is usually the procedure in support modifications? Any helpful hints?

I don't have credit cards, or parents to loan me the money. I'm just a state worker with very limited means trying to do the best for my kids. I carry the health insurance; that seems to matter to the court.

He may be unemployed, but the cost of everything has risen, and I can't see how he thinks he should pay less now.

Thanks for your help.
 
The issue is, if he is unemployed he may get the reduction and there may not be much you can do about it. Is he drawing unemployment at all? Alot of people are out of work right now and incomes are being slashed. He may get the reduction or he may not. why is he out of work, was he laid off? At the bare minimum you can ask that a % of his unemployment be paid to you. He is only required to pay you a % of his income and with the bad economy, alot of people are losing their jobs.
 
He was an employee of his own company. He is getting unemployment that he did report on the CS forms, but I also know that he is working to some extent - odd jobs; he's a contractor - and did not report it. I believe he is running any income through his mother or brother to hide it. A while back, he told me that his mother would be writing me the month's CS check because he was in a "debt program" and shouldn't show any income.

He also recently filed bankruptcy and so he has no expenses now. He is living in the house that his current wife already owned; the mortgage, deed, utilities, etc. are in her name. Aside from food his only expense should be gas, but if he's not commuting how much could that be? Nevertheless, he stated on the forms that he has over $6000 per month in expenses. Not true! In other words, can he claim all the expenses of his (wife's) household when he's not actually paying any of them, but not claim his wife's income too?

I am keenly aware that lots of people are out of work and it's hard to find a job, but he's not looking for work except in his chosen field, and narrowly at that. He's very, very, very self centered, for example: While we were still married I was a SAHM with 3 kids, one a preschooler, as well as his bookkeeper, and paying out of pocket health insurance was getting harder and harder. In our county, bus drivers qualify for the same health insurance as teachers and being a bus driver is an easy way to get really good health insurance. I mean, it's less than 2 hours a day, only during the school year, carting around the neighborhood children. When I suggested that he do this, he told me that instead of him doing that, that I should get a full time job outside our home so that we could have decent insurance, because HE HAS A DREAM and driving a school bus route might get in the way of that. It took me a couple of years to arrange it, but that was the day I knew I was going to leave him.

Sorry for rambling; I'm a bit of a raw nerve right now.

Back to my original question - is it possible to represent myself in this? I really, really, really can't afford an attorney. Is there any other alternative now that he's brought the legal system into it? No matter what I do, is the end result going to be he gets to manipulate the numbers and pay what he wants?

Looking at the papers, it looks like he wants to pay less than $300 per month, and he's been paying a little over $700. The reality is, I cannot absorb the loss of $400+, so I'll have to get a 2nd job, thereby taking myself away from my family even more. And it breaks my heart. I feel like he's setting me up to be able to say in the future that I'm unfit because I'm never at home.
 
If you can prove, suspect, he has unreported income take that to court. In reality, as stated, if his income has decreased he will likely be granted reduction. The issue with other child is not his problem although I feel for your situation, it has no bearing on his support payments. If you two were still together and this happened it would be no different. If you cannot afford an Attorney see if you can consult one for advice.
 
Well, I'm sure his income has decreased on paper at least, so I'm not sure if there's any point in trying to fight it. It would take an attorney to know how to get his mother's, wife's, and brother's financial records subpoenaed to show he does have income.

I'm just so frustrated and hurt. My son comes home from his weekends with his dad and from him talking about his weekends, it's clear that they go out to eat and buy stuff (not stuff for my son, particularly - they bought antiques to resell, for example, according to my son). My kids don't even ask to eat out anymore, even fast food, because they know I'm going to say we can't afford to. Just last night I picked up a pack of hotdogs and noticed the price and put them back because they were too expensive. I'm really at the end of my rope.
 
Then if you have proof use it in court. You cant assume and expect Judge to rule in your favor. Also if he has unreported income he is frauding UI as well
 
jacksgal said:
Then if you have proof use it in court. You cant assume and expect Judge to rule in your favor. Also if he has unreported income he is frauding UI as well
Click to expand...

The proof is in the wife's, mother's, and brother's bank accounts, which I would need to have an attorney subpoena. I can't afford an attorney, so I'm screwed. From being married to him 10 years, and the way kids reveal things without meaning to, I know it's the case but I personally don't have the proof in my hands.

If it gets lowered I would have to take him back to court to get it raised, and I'll never have the money to do that, ever.

The kicker is, I was already accepted to go back to college full time and finish my degree once our son started kindergarten, when my now-ex made me go to work to get health insurance at a job making less than $10 an hour with a 25 mile one-way commute. If I had been given the chance to finish my degree, perhaps I wouldn't need his child support now.
 
are you getting CS from the other father? You are in a tough situation but you will have a hard time proving his income from other sources. Google the guidelines in your state to see what you can expect. Hopefully some wage will be inputed for him and i hope you'll continue to get something.
 
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