Support modification

[ecmst12]

At this point I would suggest you hire a lawyer and appeal that ridiculously biased decision which COMPLETLEY ignores the law.

 

[stealth2]

He's not so much taking your b/f's income into account for CS, but taking it into account as money that will be contributed to the household expenses - so you will have more available for the children.

 

[TinkerBelleLuvr]

Do I smell an appeal here? So the BF moves out the day before court and back in the day after court.

 

[milspecgirl]

I would absolutely get an atty.

It shouldnt matter if the boyfriend is paying all of her bills- expenses has never been part of the CS calculation except for health ins, daycare for the kids type of thing.

Who is paying her expenses doesnt matter 1 little bit

APPEAL!!!!

 

[usound76]

Thanks for your quick responses. I just Googled the judge and found out something very interesting. Seems that until he got to the bench, he was employed at a local law firm. Ironically, the same firm where my ex's wife used to be the office manager until she had her first child. She still does some work from home for the firm, so she has known this judge for years!

To stealth2:
Could it be argued that any income his wife may have could be used for their household expenses as well?

 

[milspecgirl]

you need to hire an atty- NOW

That judge should have recused himself immediately

 

[stealth2]

To stealth2:
Could it be argued that any income his wife may have could be used for their household expenses as well?

Not if she doesn't work.

I can tell you that our judge looked at my ex's wife's income vs his claimed expenses to see where she was contributing to their household.

 

[milspecgirl]

but she does have some sort of income if she is still doing work part time for the law firm from home.
Also, chances are they are using a lawyer from that firm, meaning that the judge and the lawyer used to work together in the same firm
this stinks to high heaven of impropriety!

 

[Ohiogal]

APPEAL immediately.

 

[usound76]

How do I appeal? Can I do this myself? Does anyone know how much this would cost? I really can't afford to spend much on an attorney right now. Effective May 1st, my employer is issuing a 10% accross the board pay reduction.

 

[milspecgirl]

i would at least look into a free consult with a local atty. An appeal is not something you want to screw up- there are time limits, etc. Lots of attys take pymt plans.
I am also in KY- send me a private message

 

[mistoffolees]

APPEAL immediately.

Since it just happened today, it may be possible to ask the court to reconsider without going through an appeal. In some courts (I didn't check OP's state), if there's an error in a judgment, you have 7 days or so to submit a correction to the judge.

It might be worth trying to point out to the judge that the facts were not considered and the judge should have recused himself. He may not back down, but he just might.

It might also be worth contacting the state Bar.

 

[ecmst12]

Appeals are difficult and not meant for laypeople....you really don't want to muck things up worse.

 

[usound76]

I'm meeting with a local attorney tomorrow for a free consultation. Thanks for all the responses!

 

[usound76]

Update

I know it's taken a while, but, I won my appeal! My ex's child support was raised by $115 per month. I was told that under no circumstances was my boyfriend's income to be taken into consideration, and that I could not be forced into marriage. The increased cs amount wasn't retroactive, but that doesn't matter to me. My ex was fuming! He was ranting and raving about the "corrupt system" screwing his family. He has informed me that he is now going to try to terminate his parental rights to our daughter because he just can't afford the child support. We'll see how that goes. I just wanted to give a quick update. Thank you for all your responses, I wouldn't have known what to do without all of you!!!