Have to go into court to show just cause for Child Support?

If your SSD has been approved, take the paperwork with you to the hearing. Remind the judge that she will receive a retroactive check from them. It is not deducted from your. You will need to file a modification to reduce your payments.

First, you need to know that the child support guidelines are not set in stone. They are just guidelines. You can make a case for not paying so much.

1988 Public Law Record

SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.

(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)

of the Social Security Act is amended-

(1) by inserting (1) after (b):

(2) by striking, "but need not be binding upon such judges or other officials;" and

(3) by adding at the end the following new paragraph:

(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."

You need to file a motion to modify your child support. If you are current in your support, you can do this by making an official request for a modification at the child support enforcement office under the provisions of Public Law 12.

If there are arrears, contact the Clerk of the Court and request forms for filing for a modification, Pro Se.

You will need to get a copy of the child support guidelines and worksheet from child support enforcement to determine if you have cause for a reduction. There needs to be at least a 20% difference in his payment.

NEVER pay your child support directly to the mother as it can be considered a gift and not support. Always pay threw the court.

If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you’ll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do.

http://health.groups.yahoo.com/group/DadsHouse/

http://vids.myspace.com/index.cfm?fuseaction=vids....

Unfortunately yes your ex can do this. She can have it reviewed every 3 years. You could try to get the records sometimes they will give them to you faster if you showed them the court papers. Also is there a way you can get a letter from your last employer stating that you do not work there any longer? The Child support agent always goes on what they are told by the other spouse it is up to you to prove that you are not working etc. Just go in court tell the judge the truth and explain your situation. Maybe even bring a list of your meds you are taking so the judge knows your are serious. The most they will probably due is lower your child support into a different bracket since you are not working, and add the outstanding balance as arrearge and you will pay extra a month to get that balance paid down. Also apply for your disability and let the judge know that you have that in the process.

Have the Child support officer show where you have paid on time for many years and that this is not a pattern of not paying, then the judge will also see that you have fallen on hard times.

Good luck on Monday!!

"Why the worker put these things in the order just because my ex says so without any real proof?" - They're not going by anything said by your ex. They're going on the last information they received from you. Since you have not filed a motion to modify the order, they're assuming the last info you provided is still accurate.

"then had SS do this order on the 21st" - The motion to show cause is most likely automatically issued by the court at a certain arrears amount.

"Are there any factors here that will help me in court on Monday?" - Not for the arrears. The doctor's reports on your disabilities and proof of your application for disability may help get the order modified.

"I dont have time to get medical records by Monday" - Going into the office and waiting for them to print out a copy might take twenty minutes ... Excuses are only going to hurt your credibility with the court. You knew it was going to come up eventually, right?

You need to call your doctor's office tomorrow and ask for verification that you cannot work for your court hearing. Someone in the office should be able to fill out the paperwork and give you that information before Monday. You don't need your records, just something in writing confirming the fact that you cannot work, per your doctors orders.

Edited to add: The gentlemen below is correct, never give money to the mom even if it is for something the kids need. Send the money to child support and they will send the mom a check and you will get credit for that payment. It's good that you are being a good dad but you aren't dealing with a reasonable person (the mom) so be smart when it comes to the $$.

Unfortunately no. Most places have no tracking on the money that is payed out in child support. As for you leaving your job, the court will look at that as just that. You left. They don't care the reasons. However, bring doctor's documentation showing that you could not physically perform the job. That may help you. As for the other factors, that's a separate issue that will not be brought up in court.

Most likely, you will be required to find another job and replay the arrears in small monthly payments over the course of years. At worst case, they can give you thirty days to repay the entire amount, at the penality of going to jail for 90 or so.

Unfortunately, you should have filed for a modification of the child support order when you left your job and went on disability. You can't just ignore a court order or pay what you want.

You can ask the court for time to get the medical documentation, but you may have to file either a counterclaim for modification or a separate complaint for modification. Talk to a lawyer. The court may well not care about the medical problems or allow a retroactive reduction in support.

This your problem the judge will not take you at your word that you are unable to work because of health issues and that was the reason to quit, You have two days to try and obtain medical documentation to support your claim

But going into court without documentation to support your side could equate to a win win for your ex and the support order, including possible jail time

Consult a lawyer at least before the court date

You can go before a 'hearing officer' about your arrearages for child support rather than a judge..the hearing officers heards your case and you will need to make payment or you can file a motion to modify the current court order to lower payment due to a change in your income and that you are not diabilited ..you sound like you need to consult with a lawyer for child support..if you have any kind of medical documentation, that you will be receiving disability beneifits a judge would need to see that..

WOW-

Needless to say, she sounds like a real ***. But, you could go to court and ask for a continuancee so that you have time to get the medical records. I don't know what state you live in, but every court I have ever been to allows up to 3 continuances. Also, take in any tax records that you have, or pay stubs. That should help. Even if you do not have any pay stubs, your medical records and taxes together should do the job.

Good Luck

First, there's no way those papers were just served yesterday. Be that as it may, just tell the judge you haven't worked since last year. Take you tax return. Take your disability application paperwork. And be polite.