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Just served w/ petition for modification - Maryland

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  • kathyfish
    started a topic Just served w/ petition for modification - Maryland

    Just served w/ petition for modification - Maryland

    State of Maryland

    The non-custodial parent just had me served with petition for modification. Last payment received was Sept 2007 and he is currently in arrears 12K + for our 3 year old.

    His reason for the modification is that he is unemployed. However according to the Child Support Enforcement Division, in the past 7 months, they have located about 4 different employers. Once they made contact with the employer and send the wage garnishment, he abruptly quits without remitting a payment.

    In mid-April Child Support also notified me that they recently contacted another employers and verified that he is employed. Wage garnishment has been submitted to that new employer but still no payment.

    Does anyone know how to respond to a non-custodial parent motion for modification? How would a judge view his skipping jobs to avoid payment? Will they still grant his a modification? Is there a way I can participation in the modification hearing via teleconference since I no longer reside in Maryland?

    Any assistance will be greatly appreciated.

  • kathyfish
    replied
    Thank you Xena

    Xena,

    Thank you. I called the CS Enforcement today to get the dates the garnishment notices were sent to his employers. I have begun to document those notices in my response which will be send back to the court tomorrow.

    Leave a comment:


  • xena
    replied
    Originally posted by ShakinThingzUp View Post
    If you no longer live in Maryland, (and the child no longer lives in Maryland), I'd hire an attorney to counter-file a motion to change the venue - this takes precedence over a modification......

    In my case (2001), we convinced my ex it wasn't worth his time to file for modification once it had been transferred. And, the transfer process allowed us time to convince him of such.

    Of course, you have to decide if you want the transfer first...

    God Bless!
    Amy
    If the OP's ex still lives in Maryland, the venue cannot be changed.

    OP: Make sure that the CSE has the documents needed to prove that your ex is job hopping every time his employer is served with the order to garnish.
    Judges do NOT like it when a NCP job hops like that, so all you have to do is ensure that the court is aware of the situation.

    Leave a comment:


  • ShakinThingzUp
    replied
    If you no longer live in Maryland, (and the child no longer lives in Maryland), I'd hire an attorney to counter-file a motion to change the venue - this takes precedence over a modification......

    In my case (2001), we convinced my ex it wasn't worth his time to file for modification once it had been transferred. And, the transfer process allowed us time to convince him of such.

    Of course, you have to decide if you want the transfer first...

    God Bless!
    Amy

    Leave a comment:

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