Any experience with getting CS reduced due to job loss?
My DH has a court date on Friday to attempt to get his CS obligations reduced because of a job loss. This is a first for us so we have no idea what to expect. Some info about out situation...
The case is in NYS. We live in NJ, the BM and SD live in NY. My DH pays CS through the state and has never once been late or even out of a job before. The company he works for, which incidentally is where I still work, was bought out recently by a much larger Canadian company and there was a realignment and some overlapping jobs were cut. He had been with the company 13 years before this layoff. I've picked up my SD's benefits which my DH is court ordered to provide. DH has been out of work since May but collecting a severance which is due to end on 8/22, thus the reason for the CS reduction. My DH is currently court ordered to pay his CS, cover SD medical benefits, plus pay half of all uncovered medical and half of all extracurricular and childcare expenses.
Since DH's severance is stopping and unemployment benefits will be starting, he's hoping to get a temporary reduction in his monthly CS payments. Does he stand a chance? If so will it be reduced to 17% of his unemployment benefits?
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He needs to file ASAP and
He needs to file ASAP and until the court date he has to keep paying. Sometimes the court will do a temporary reduction and then he will have to pay back the difference when the temporary reduction ends. Good luck. It really is up to a judge to decide.
He did file already at my
He did file already at my urging. He's got a court date on 8/9. His severance worked out that he would continue to be paid regular salary until 8/22. After 8/22 his unemployment benefits kick in. So BM has gotten her regular payments through the state as she normally would. He did already inform her that he was laid off back in May and told her he would not file for a reduction until August when severance is up. She seemed ok with that and I think she was happy that I picked up SD's benefits so she didn't have to.
He's been looking for a new job for the past few months, but realistically, we know that he may not find a job for a while so he filed a few weeks ago. If he doesn't get a reduction then a good portion of his unemployment will go directly to BM. Not that it matters to the court but we have a mortgage to maintain and two children to support in addition to SD. I know the courts don't care about children born after the first child so I have no idea how this will go.
Luckily, I make enough to support us but any extras such as all 3 kid's college savings accounts will not be happening until he's employed again.
Keep your fingers crossed for us!
NY and NJ both are pro BM
NY and NJ both are pro BM states, unfortunately. That's why I'm dreading the hearing on Friday. DH thinks its cut and dry but he doesn't frequent these boards and hear the horror stories that go on.
I'm trying to remain positive though!
According to this link, it
According to this link, it seems possible to get a reduction Thanks for posting it!
I'm sure he can document it,
I'm sure he can document it, he's been applying for a lot positions. He's in management in the telecom field, he managed our company's data centers and also building facilities. He's not even looking to stay in management at this point, if he can find a job with a salary somewhat close to what he's been making.
He just wanted to file now before he falls into arrears.
I'm in Brooklyn. DF has had
I'm in Brooklyn. DF has had his CS lowered twice. Both times the procss was quick, easy and cheap. (No lawyer needed).
Both times BM was PISSED. }:)
He's got court in Suffolk
He's got court in Suffolk County, He's from Long Island and was living there when they divorced. Hopefully it will be just as easy there. We didn't get a lawyer this time either. I'm hoping it's pretty cut and dry. DH, through no fault of his own, is out of work.
BM is surprisingly calm about the whole thing. A few years ago and she would have been a raving lunatic at the thought of CS getting reduced. Lately, knock wood, she's been behaving like a somewhat sane person
I probably just jinxed DH by saying that and now she will unleash the beast within at court on Friday
It seems like it's basically
It seems like it's basically at the whim of the judge, I'm just hoping we have a reasonable one. I could understand if he quit his job or got fired, but he was laid off from a company he was employed with 13 years because of a merger. He's got all the info from the company to prove it.
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