Hoping some child support pros or those with experience can provide insight.
My spouse used a loaded gun against me in a domestic violence incident. It was very traumatic. He threatened to come back and murder me, no matter how long it took, if I called the cops but I did so anyway. I have a PFA and criminal charges are pending.
He was subsequently fired from his job due to the criminal charges & DV. He now has a job making less.
I put him on child support and the trier of fact actually cut him a break. They used his wages at his original job where he was making more due to him being fired for his own fault, but based it off his base wages and ignored his overtime. I thought he would be pleased with that but instead he decided to file an appeal.
In the appeal, he referenced 2 things for the basis of his appeal. 1) he doesn't have the earning capacity he did and makes less so he wants to use his current wages (even though his last job was IT based and he has an IT degree but took a job working in a warehouse instead) and 2) he contends he doesn't want to be covered on my health insurance and thinks it was negatively impacting the CS amount, so he wants removed.
The trier of fact told me that him being on my insurance actually helped him because there were 4 people covered and 2 being the kids, so 50%. Now, when he's removed, it'll be 2 out of 3, so 66%, and the CS amount should go up.
I didn't have a qualifying life event nor are we in open enrollment but I was able to use his appeal letter to appeal to my insurance company to remove him, and it was approved.
What is the likely outcome at the child support appeal hearing? Is there any chance it will actually be lowered or is it possible it could go higher, in that I removed him from insurance and I want to ask them to consider his OT wages.
Bonus: my eldest daughter is about to turn 18. She works about 0-12 hours a week and is going to attend community College online. She was diagnosed at 12 with some mental health conditions that allotted her a disability designation where she's been eligible for Medicaid as a secondary health coverage dispite the household income surpassing financial limits. Additionally, she was diagnosed with PTSD due to his gun related domestic violence/abuse. I would like to appeal the removal of her from CS obligations at this CS appeal hearing since it's within 30 days of her turning 18. Does anyone have insight into that and if it's likely or unlikely to be approved, or what specific criteria allows a child over 18 to remain on child support?