Lost job - filing for CS modification

[adhoc]

Maryland

I am in IT consulting, the job contract just ended, what do I do now?
I have 50/50 joint physical custody of S4.
Per Pendente Lite, I owe 550 / month in alimony, per custody settlement last month I owe 400 in CS plus 1080/month in daycare costs.

There is just no way I can pay all of that now, I am thinking I might be able to pay 400/month until the CS modification that will be filed immediately. Two grand / month is a lot when your income is zero.

I get emails from IT recruiters about great jobs that are in the 80K+ range but they are nationwide and usually far away. Since the judge will not order the NJ to move where my future job might be (probably not close), and the NJ will not move on her own, and I will not move alone so I see S4 on weekends with the inability to sustain 2/2/3 schedule, then that I means I have to stay in this county but it extremely restricts me job-wise. It maybe be 6-12 months until I find something in IT, the economy is still pretty bad. I am sure I can find something in the 10/hour per hour right here but that's about it.

I also doubt the judge can order me to move 1,000 miles somewhere to work and be a remote source of income and de facto lose most of 50/50 visitation I have now with S4.

So if I pay her 400/month, the cash piece of CS that's court ordered and tell her to not take S4 to daycare anymore, since that will not be paid for. Instead I can offer to take S4 whenever she needs to work so there is no need for daycare now that I am available 7/24, at least short-term.

I am sure she is going to file contempt of court, how do I get ready for the worst? Will the court rule me in arrears? How long does it usually take to hear a CS modification case?

 

[CJane]

I think you've gotten yourself into a really bad position, legally speaking.

With orders this new, you're going to have a really hard time convincing a judge that you had no idea the contract was expiring, or that it'd be difficult to find similar work in the area. So that's one hurdle.

You're in a line of work that makes it difficult to find work quickly @ your "potential" income level without relocating or traveling. That's on you. The courts won't order you to move to find work, but they don't have to reduce your child support just because you don't want to move for work.

The court also isn't terribly likely to force Mom to pull kiddo out of daycare and risk losing her spot, on a temporary basis.

Because you said "custody settlement", I assume this was all part of an agreed order, as opposed to a determination made after a hearing on the facts. So, the court will want to know why you agreed to something that is supposedly unsustainable a mere month later.

 

[mistoffolees]

First, you can't simply reduce the amount you're paying. A court order remains in effect until changed.

Why didn't you ask for a modification earlier? You indicated that you were on a contract and the contract ended. Surely you must have known when the contract would end....

As for the rest, the court can't order you to move. HOWEVER, the court most certainly CAN order that the child support, alimony, and day care expenses remain unchanged because you have the ability to be earning $xxx. Then it's up to you - do you want to work multiple jobs to pay your obligations or do you want to move? If you simply stay and fall behind in your obligations, the penalties can be significant - and loss of a drivers license or incarceration can make it even harder to get a job.

It's not fun - but I've been there (and my child expenses were WAY more than $2,000 per month). There aren't many fathers who have a closer relationship with their child than me, but when I lost my job, I had to seriously look at relocating - or find myself back in court and making my child suffer from lack of support. It's not easy, but that's life. Fortunately, I was able to find something local, but if I hadn't, I would have been forced to move.

If you do have to move, look up long distance parenting plans for your state. Even from a significant distance, you can still spend a great deal of time with your child.

 

[nanu156]

You will have arrears that will build up, and if you don't pay she can file to make you pay with a contempt order. Your tax return will then be intercepted and forwarded to her for the arrearages. When you have a contempt hearing they will ask you why you haven't been paying etc then decided how to handle you. You absolutely will accrue arrearages for the time between when you stop paying and the court orders a modification.

File the motion to modify Monday, tell X what has happened so she is not surprised.

Really this will depend on the climate of the courts in your area. I would advise speaking with your atty about this.

I know working in a manufacturing town where lots of folks are contract employees that most of the time contracts are extended at the end that just because your contract is up doesn't mean that you will be out of work. Im guessing this is why you didn't address this sooner.

 

[adhoc]

Why didn't you ask for a modification earlier? You indicated that you were on a contract and the contract ended. Surely you must have known when the contract would end....

Of course not. IT consulting is inherently unstable and you never know when the contract will end. They pay you something like 40 or 50 or more per hour but have right to pull the plug anytime and you are gone in 10 minutes. I have been in this industry for a long time and have had extensive downtime in the recession of 2001-2003.

I could not tell them, the contract will end in 6 months... I had no idea.

If the NJ was still married to me, she would have to deal with my job loss, now that she is not, she still has to deal with it.

Per settlement, I am not obliged to pay the daycare if substantial material changes occur job-wise, such as this one. But I plan to pay at least the cash piece of settlement, which is 400, and offer to take S4 when she wants to work, making the daycare unnecessary.

 

[adhoc]

I know working in a manufacturing town where lots of folks are contract employees that most of the time contracts are extended at the end that just because your contract is up doesn't mean that you will be out of work. Im guessing this is why you didn't address this sooner.

That is correct. Usually these contracts are extended. But they can come to an end in an instant. It was not a full-time job. I am pretty sure I can find another gig - far away but that's a deal breaker since she will not move out of state and neither will I move if I am reduced to the EOW screwjob and marginal to S4's life, having to fly in every weekend, versus 50/50 that I have now.

They based the current CS payments on fictional 8,000/month pre-tax income. I expected to get hired full-time as it was contract-to-hire position but the full-time never came.

 

[nanu156]

Per settlement, I am not obliged to pay the daycare if substantial material changes occur job-wise, such as this one. But I plan to pay at least the cash piece of settlement, which is 400, and offer to take S4 when she wants to work, making the daycare unnecessary.

This is a fine thing to offer, just know that she doesn't have to agree to it. She can still force the use of daycare on her days.

You have 50/50 physical meaning that on your time you get to say what you and kiddo do, on hers she gets to say.

In either event you are going to be required to pay for half of day care even if kiddo uses no daycare on your time. (I learned this the hard way)

People are talking about "losing your spot" while I know this can happen, I have found that there are plenty of daycare "spots" to go around in my area at least. If you for instance had to be on a wait list or something to get into this daycare then the "spot" may need to be kept.

If you are doing 100% of child care for right now and you have a job offer to start Monday you risk putting yourself in a spot that could either really inconvenience everyone OR cost you the job.

In the end until a court changes the order you HAVE TO PAY the amount ordered or it goes into arrears and you are in contempt. If the court orders changes then once they are ordered you can pay the lesser amount.

Contempt doesn't mean proceed directly to jail but it could. It could also mean a balance owed to mom/the state and then you would risk them taking your tax returns or money in the bank.

Have you spoken to Mom yet? What's she got to say about all this?

Again this all depends on the climate in your area, I suggest talking to your divorce atty ASAP.

 

[mistoffolees]

If the NJ was still married to me, she would have to deal with my job loss, now that she is not, she still has to deal with it.

Yes, she will. But until you get a new court order, the old amounts remain in force.

Now, it is remotely possible that you will get an order making the change retroactive TO THE DATE OF FILING, so the sooner you file for a change, the better. But that doesn't free you from the obligation to pay the court ordered amounts.

Per settlement, I am not obliged to pay the daycare if substantial material changes occur job-wise, such as this one. But I plan to pay at least the cash piece of settlement, which is 400, and offer to take S4 when she wants to work, making the daycare unnecessary.

It would have been really helpful if you had told us what the court order said rather than making us guess.

In any event, that doesn't really change the facts. You have to follow the court order (whatever it says - and whatever other clauses you've neglected to tell us about) until it is changed.

Your plan to take the child has several potential drawbacks:
1. Your first priority should be to get a new job. How are you going to be searching for a job if you're watching a child all day? Clearly, there are still going to be child care expenses - at least if you take the job search seriously.
2. For some day care facilities, simply pulling the child out for a while isn't an option. There may be a contract in place requiring a certain monthly payment. Or there may be a waiting list - and if you pull the child out, you may not be able to get him/her back in once you're back at work.

Obviously, you're going to do what you want, but I think you're making a serious mistake if you don't at least look for work outside of your immediate area. And if you tell a judge that you refuse to consider work outside of your county, the odds are VERY high that he will not allow your reduction - considering your unemployment to be voluntary based on that decision.

 

[adhoc]

I put a clause in the settlement that I am not obliged to pay for daycare if there are major changes in circumstances, such as job loss. However, daycare is just a part of the entire CS package. It's 400 cash + 250/week.

I am sure she will file contempt of court on Monday and they will start accumulating the balance owed to state + mom.

If the CS modification is retroactive to the date of the filing, how are they going to calculate the modification?

e.g. I go from making 80K to a job making 40K. Are they going to calculate arrears based on the former or the latter?

 

[CJane]

I put a clause in the settlement that I am not obliged to pay for daycare if there are major changes in circumstances, such as job loss. However, daycare is just a part of the entire CS package. It's 400 cash + 250/week.

Please tell us exactly what that clause says, not your paraphrasing of it. It might matter very much.

Please also tell us exactly how the child support portion of the order is worded, and how the daycare portion is worded.

I am sure she will file contempt of court on Monday and they will start accumulating the balance owed to state + mom.

How long has it been since Mom received a payment for alimony/child support/daycare?

You do realize that they are likely all handled separately?

Is your alimony modifiable?

If the CS modification is retroactive to the date of the filing, how are they going to calculate the modification?

You might not get a modification at all, you realize that, don't you? If the judge determines that you're voluntarily un/der-employed, he is not obligated to give you a modification.

e.g. I go from making 80K to a job making 40K. Are they going to calculate arrears based on the former or the latter?

They'll calculate ACTUAL arrears. So, while you're haggling about a modification, they will accumulate at the current ordered amount. IF you get a downward mod that is retroactive (and that's not actually guaranteed), they MIGHT reassess the arrears based on that new amount. They might not.

Have you run the numbers through your state's calculator to see what you "should" be paying with your new hypothetical income?

 

[mistoffolees]

You might not get a modification at all, you realize that, don't you? If the judge determines that you're voluntarily un/der-employed, he is not obligated to give you a modification.

And that's the point OP keeps ignoring.

If the judge sees that there is work available somewhere else and OP is simply refusing to take it (even if he's refusing in order to spend more time with the kids), the judge might not allow for ANY reduction. That would be the worst of both worlds - no job, but CS and alimony calculated as if you were still working.

OP really needs to be looking elsewhere. That creates many opportunities:
1. If there is no work elsewhere, he can show that judge that he at least tried - and probably not get imputed that high of an income.
2. He might find a great job - and be able to convince ex to move, as well (at one point, my ex agreed that she would relocate if I paid her moving expenses - although she did back down from that).
3. If the judge refuses to reduce his CS and alimony, he would at least be able to afford it. And with long distance visitation plans, he would still be able to spend a lot of time with the kid.

I'm sure that everyone would agree that the BEST situation would be if he could land a great job right where he's currently living, But it would be foolish to count on that with no backup plan.

 

[CJane]

But it would be foolish to count on that with no backup plan.

And it'd be doubly foolish for the "backup plan" to be a reduction in alimony, child support and daycare.

 

[mistoffolees]

And it'd be doubly foolish for the "backup plan" to be a reduction in alimony, child support and daycare.

Especially since he's not working. Even if they reduce alimony and CS, he doesn't have an income. Unless he's got tons of savings, he's going to run into a brick wall, anyway.