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details for Mod hearing...

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What is the name of your state? Colorado

Ok so like I said before, I have a hearing for modification of child support on April 17th.

Tonight I've gone through everything (hopefully) that I will need to be asking the magistrate for as far as costs for work related child care, tuition etc. Oh and btw, now I understand just why we pay attorneys so much money *YEESH!* I am feeling pretty confident now though :D

I have a couple quesions.

1. My numbers are not what they were at the status confrence. Unfortunately I was flustered, scared, and did not know what to expect from the status confrence. I pretty much just expected the magistrate to order us to mediation. Anyway... so I kinda threw some rough numbers together when he asked what I was seeking during the confrence. The numbers I have now are accurate and I have documentation to back them up. Will the magistate go off these numbers with documentation, or will he say I already gave him numbers, and use the ones previously given at the status confrence?

2. My employer informed me today that my position may/will be going to fulltime "soon." This is something I have been asking for for a year now. I still do not have an exact date or possible date being offered. I suppose for legal reasons they cannot write something for me that states my position will begin to be full time on such and such date. My ex is already going to ask to impute full time income, which I am fine with. However, I'd like to also request that my work related childcare be calculated at fulltime. Which I have figures for what it will be. Is the magistrate going to go for this given that I don't have a date that it will start yet? It's possible that it will start May 1, but also possible that it wont start until July... no concrete answers from the employer yet. However it will be sometime this spring/early summer.

3. Kindergarten tuition for our daughter (which dad and I have previously agreed on) has been paid the entire school year, week by week by me. Dad has been paying a portion, sporatically, to me and I have been paying the school directly. School ends May 23 leaving 5 weeks remaining of tuition fees from the date of the hearing. I have paid to the school and am current with them and have no intentions of not being current, however dad's portion is lacking a few hundred dollars. Plus there will be a change in obligation that will increase dad's basic support obligation. Dad has said several times through out the school year that he was going to give me the remaining amount upfront. That has not happened in fact the most recent was that he was going to give me the remaining amount by the end of March when he received his annual bonus.. Didn't happen. I'd like to ask for a lump sum to avoid putting this cost into the calculation as it is not recuring and the remaining amount of his portion is not that large. Is it possible that the magistrate will order that dad pay me the remaining lump sum for the school year and any arrears he will have given the new order? I don't want the interest owed to me on arrears, just what is owed for tuition.

4. And lastly, I think... I have incurred work related child care since the begining of the school year. Dad has paid nothing and I have given him receipts. Our previous agreement states that I am to provide proof for work related child care when it becomes necessary (I was not incurring work related child care when our previous agreement was made) and I have given this to dad all along. I even had him sign my copy for proof that it was being provided to him. He has reimbursed nothing of this amount to me. I am going to ask that it be awarded based on the new child support order with a portion attached to the child support order over the next 9 months. (9 months because that is the length of the arrears that it was being paid) I'd also like to ask for interest on this because this was something we agreed on previously and he has outright ignored that agreement. Unlike the tuition where he was at least paying a portion the work related child care he refused to pay. If he had be at least paying a portion of it, I wouldn't ask for the interest that the state will give me on arrears. Will the judge break up the arrears over 9 months or is it usually over 12 or 24 months that it is broken up into? And, How on earth do I calculate interest.... I have tried so many times to do this and for whatever reason my brain does not make sense of it. I have read the statute on the interest a hundred times and still can't figure it out. HELP!

5. Ok last one... We currently have an income assignment due to dads lack of paying on time and the full amount and it is paid through the family support registry for convenience on both our parts. I'd like to continue it and our previous order states that child support will continue to be made by income assignment through the Family Support Registry and that I am to forward to his employer within 2 weeks of modification. I know I can get the forms from the self help on my counties website, my question is will the judge order this to be done by income assignment if I ask during this hearing or will I need to request that seperately?

Sorry this was so long. I appreciate all the help that you are and have given me. Thanks so much :-)
 



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